Skip to main content

Full text of "The labor contract from individual to collective bargaining"

See other formats


r!D 

7SII 



HD7811.U6S32 

The labor contract from individual to co 



3 1924 002 424 863 



Schaffner, Margaret Anna. 

. . . The labor contract from individual to collective bar- 
gaining ... Madison, Wis., 1907. 



THE LIBRARY 

OF THE 

NEW YORK STATE SCHOOL 

OF 

INDUSTRIAL AND LABOR 

RELATIONS 




AT 

CORNELL UNIVERSITY 



THE LABOR CONTRACT FROM INDIVIDUAL 
TO COLLECTIVE BARGAINING 



BY 

MARGARET ANNA SCHAFFNER 



A THESIS SUBMITTED FOR THE DEGREE OP DOCTOR OF PHILOSOPHY 
UNIVERSITY OF WISCONSIN 

1902 



CRKP|ijJITED FROM THE BULLETIN OF THE UNIVERSITY OF WISCONSIN 
ECONOMICS AND POLITICAL SCIENCE SERIES, VOr.. 2, PP. 1-182) 



MADISON, WISCONSIN 
1907 

MTB> 



Class Book 

Bryn Mawr College Library 

C. C. WILLIAMSON 

OCT 1 1 tpng 



^^^Wws^^y^ C. C. WILLIAMSON 

OCT 1 :: 1509 

THE LABOR COiNTRACT FROM INDIVIDUAL 
TO COLLECTIVE BARGAINING 



BY 

MARGARET ANNA SCHAFFNER 



A THESIS SUBMITTED FOE THE DEGREE OP DOCTOR OF PHILOSOPHY 

UNivEssiT^ p^J myeoNgiN 
..''-. f ;•.■-; 1902'. ',,=■' : ■ 



(REPRINTED PROM THE BULLETIN OF THE UNIVERSITY OF WISCONSIN 
BCONOMICS AND POLITICAL SCIENCE SERIES, VOL. 2, PP. 1-182) 

PROPERTY OF LIBRARY 

HEW yonx state schaoi 
mousTniAL m uedb relatiohs 

CORNELL UNIVERSITY - 

MADISON, WISCONSI^^ 
1907 



H'D 

ML 



CONTENTS 

Page. 

Pkefacb 5 

iNTRODUCTORy 7 

Chapter I: The Legal Basis 9 

The Eight of Contract 9 

The Labor Contract Under Common Law 9 

State Regulation of the Labor Contract 10 

Contracting Away the Right of Contract 10 

Contract Limited by the Police Power 12 

Rights of Association 14 

The Doctrine of Conspiracy in Relation to the Ordinary 

Strike, the Sympathetic Strike, the Boycott 14 

Enforcement of Collective Agreements 21 

Responsibility of the Organization 21 

Rights of the Individual Member 28 

Chapter II: The Industrial Basis 31 

The Growth of Industries and the Organization of Labor 31 

From the Individual Employer to Large Scale Production 33 

Individual Workshops 33 

Growth of the Factory System. (About 1796-1830). . . 35 

Extension of the Competitive Field (About 1830-1861). 38 

Development of Large Industries (About 1861-1886). .. 46 

Large Scale Production (About 1886-1902) 53 

Chapter III: From Individual to Collective Bargaining 55 

Stages in the Development of Collective Action 55 

Summary of the General Movement 55 

Customary Regulation 56 

The Beginnings of Organization (About 1796-1830) 56 

Weak Organizations (About 1830-1861) 56 

Organization and Conflict (About 1861-1886) 57 

Recognition (About 1886-1902) 57 

Comparison of Trades in Various Stages 58 

Stages of Collective Action in Separate Industries 60 

Printing 61 

Building Trades 66 

Clothing and Textile Trades 85 

Metal Working and Machine Trades 95 

PROPERTY OF LIBRARY 

HEW ym ST^TE mmi r^>y,^ ^ .- 

COnfin I UH RVERSITY 



CONTENTS 

Page. 

Woodworking 104 

Glass and Pottery Trades 107 

Mining 109 

Transportation H" 

Cigar Making ■< 119 

The Place of Collective Bargaining in the Evolution of In- 
dustry 131 

Individual Workshops and Customary Regulation 132 

Growth of the Factory System and the Development of 

Labor Organizations 133 

Extension of the Competitive Field and Weak Organi- 

tions 133 

Development of Large Industries and Conflicting Inter- 
ests 134 

Large Scale Production and the Recognition of Unions. 135 



APPENDICES. 

Appendix 1. Boot and Shoe Workers' Union: Union Stamp Con- 
tract, Blank Form, 1900 136 

Appendix 2. Building Contractors' Council of Chicago: State- 
ment of April 30, 1900 138 

Appendix 3. Carpenters' and Builders' Association, etc.: Agree- 
ment, March 11, 1901; April ], 1903 139 

Appendix 4. Grand International Brotherhood of Locomotive En- 
gineers: Standing Rules, 1902 147 

Appendix 5. Locomoti^" Firemen: Rules on the C. R. I. and P. 

Ry, 1902 152 

Appendix 6. International Association of Machinists and the 

Frisco System: Agreement, 1902 160 

Appendix 7. Michigan Mining Scale, 1902 163 

Appendix 8. Associated Teaming Interests of Chicago and the 

Teamsters' National Union of America: Agreement, 1902 170 

Appendix 9. Chicago Typographical Union No. 16, and Allied 
Printing Trades and the Inter-Ocean Publishing Co.: Agree- 
ment, 1899 171 

Appendix 10. American Newspaper Publishers' Association and 
International Typographical Union: Arbitration Agreement, 
May 1, 1902; May 1, 1907 175 

Appendix 11. Amalgamated Wood-Workers' Council of Chicago: 

Agreement, Blank Form, 1902 181 



PREFACE 



The present study of the labor contract is tentative in nature. 
Certain preliminary chapters are here presented as an intro- 
duction to a larger study of collective bargaining which the 
writer intends to complete from the mass of material collected 
on present conditions in the United States. 

The period sketched in the present study lies between the 
close of the 18th and the beginning of the 20th century. This 
period marks the transition from individual to organized in- 
dustry in the United States and it is this transition with which 
these preliminary chapters are especially concerned. 

The facts presented are culled from data secured largely 
through personal contact with employers and workmen. The 
work of investigating actual conditions of industry, of in- 
terviewing employers and iworkmen, and of attending the 
meetings of their various organizations and associations was 
carried on mainly in Chicago supplemented by work in New 
York city and in certain smaller centers. The documentary 
material has been culled from a variety of sources the most 
fruitful being the records kept in the central administrative 
offices of some of the stronger unions. The courtesies ex- 
tended by some of the national and international presidents 
and secretaries enabled the writer to secure a large amount of 
evidence from unpublished sources. Certain employers' asso- 
ciations having "labor commissioners" also extended many 
courtesies in the way of furnishing documentary material bear- 
ing on their various methods of bargaining with employees. 
Yet all the evidence secured through documents is of secondary 
importance compared to the insight which gradually breaks 
upon one from daily contact with the persons actively engaged 
in industry. The writer has come to certain conclusions, which 
are not generally accepted and which are not borne out by docu- 



6 BULLETIIT OF THE TTNIVBESITY OF WISCONSIN 

mentarj proof. JSTevertheless they seem to be borne out by evi- 
dence whicb rests upon fundamental facts in our industrial life. 
The writer desires to express her sincerest thanks to Professor 
Henry Carter Adams of Michigan University for many helpful 
suggestions in the early stages of the work, and to Professor 
John E. Commons of the University of Wisconsin for suggestive 
criticisms in the final preparation of the manuscript. The many 
courtesies extended by officials of labor organizations, by em- 
ployers, and by "labor commissioners" are thoroughly appre- 
ciated. It is a cause for regret that their large number pre- 
cludes individual recognition of invaluable assistance in en- 
abling the writer to enter into the actual experiences of industrial 
life. Finally, to Professor Richard T. Ely of the University of 
Wisconsin, the writer desires to express her deepest obligation. 
His continued interest and assistance made possible the col- 
lection of the data upon which the investigation is based, and 
his kindly encouragement and helpfulness have made possible 
the presentation of the material in this preliminary form. 

Margaret A. Sghapfnbr. 



THE LABOR CONTRACT FROM INDIVIDUAL TO COL- 
LECTIVE BARGAINING 



INTRODUCTORY 



In the evolution of the labor contract in the United States 
two historic facts confront us : the individual bargain of a cen- 
tury ago and the collective agreement of the present day. Sep- 
arated by less than a century's development, there is a transi- 
tion from individual to associated action, and, although the 
individual contract necessarily persists, collective bargaining is 
coming more and more to have a part in our industrial life. 

A close investigation, into our economic history reveals the 
onequal chronological development of our industries. This 
fact is the key to an understanding of our industrial develop- 
ment. It is impossible to gain an historic conception of our 
industrial relations until we recognize not only the interdepend- 
ence but also the separate , development of our great industries. 
To lose sight of the changes which take place in each separate 
industry in its development from small beginnings until it be- 
comes a well adjusted mechanism employing all of the economies 
incident to that particular business were as fatal to an under- 
standing of the various stages of collective bargaining as to 
lose sight of the general advance of our industry as a whole. 
The past century presents a kaleidoscopic view of industries in 
their weak beginnings along with those grown to world wide 
importance, and in practically every decade the complex pro- 
cess of industrial growth is illustrated by industries which co- 
exist in their various stages of development. 

The varying relations between employer and employee which 
have from time to time expressed themselves in the labor con- 
tract are largely a reflex of conditions prevailing in our various 
industries. Hence it is that these relations are so different in 
different indtistries at the same time. The formal relations 
expressed in the labor contract reflect, not so much the spirit 

[V] 



o BULLETIN OF THE tTNIVEBSITY OF WISCONSIN 

of our general industrial development, as they portray the con- 
ditions which exist in any particular industry at any given 
stage. 

The mass of conflicting testimony bearing on the development 
of collective bargaining during the past century defies any clas- 
sification of events into chronological periods. The possibility 
of a more truly historical as well as logical treatment reveals 
itself when the development of collective action is closely as- 
sociated with the various industries within which that develop- 
ment has taken place. Viewed from this standpoint it becomes 
clear that collective bargaining in any industry is largely con- 
ditioned by the stage of growth reached by that industry. Under 
normal conditions individual bargaining co-exists with the in- 
dividual workshop while the association of larger groups of 
workmen tends toward the growth of collective action. 

But not only has the development of the labor contract been 
largely determined by industrial relations, it has also been con- 
ditioned by law and judicial interpretation which have defined 
the limits within which the employment contract could be 
drawn. 

To take note of the various factors which have interacted in 
bringing about the change from individual toward coUeetive 
action in forming the labor contract would be to write a history 
of our industrial and social life in all of its complex phases. A 
careful analysis of the labor contract as it has been developed in 
the United States must take account of at least two well de- 
fined lines of activity. It must consider the changes in the 
methods and processes of industry in so far as they affect the 
relations of employer and employee and it must note the limi- 
tations placed upon an entirely free adjustment of such con- 
tractual relations by our law and judicial interpretation. 

In a general way, the i-elations between employer and em- 
ployee are based upon our industrial equipment and are condi- 
tioned by the legal and moral restrictions imposed by society. 
Not until each side shall have a sh&re in the control of indus- 
trial activities and each side is made to recognize reciprocal 
rights and obligations will the labor contract finally conserve 
the interests of both employer and employee and secure the 
largest possible measure of well-being for society. 

[8] 



SCHAFFWBE LABOE CONTRACT 



CHAPTER I 

THE LEGAL BASIS 

The Right of Conteact 

The Labor Contract Under Common Law 

In the development of Anglo-Saxon liberty we pass from 
status to contract. The freedom of the serfs gave them a pro- 
prietorship in their labor and left them free to dispose of their 
services under the common law of the realm. 

The labor contract emerged before the property contract 
under Anglo-Saxon law. The Norman lawyers based their 
decisions on the legal fiction that the king owned the estates 
of the realm but in fact, as regards use, there was largely com- 
mon property. The jurists of a later day, desirous of resting 
their decisions on an easy working hypothesis adopted the legal 
fiction that the right of contract was an inference from the 
right of properly. A still later development also rested the 
right of contract upon the right of personal liberty. English 
jurisprudence, therefore, bases the right of contract, including 
the labor contract, upon the rights of private property 
and of personal liberty. But though the theory of English 
common law bases contract upon rights which it recognizes as 
fundamental, freedom of contract is subject to limitations and 
does not extend to contracts which are criminal or immoral, or 
which are "expressly made illegal by existing laws." In the 
United States there has been a greater insistence on freedom 
of contract than in England. In both countries the legally 
enacted statute supersedes the common law but in the United 
States special constitutional objections have been urged against 
legislation infringing the right of contract. 

Under our common law, the labor contract is one by which 

[9] 



10 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

^n employer engages an employee to do something for the bene- 
fit of the employer or of a third person for a sufficient consider- 
ation expressed or implied.^ 

The relation thus created is a valid contract where both 
parties have the requisite legal qualifications for entering into 
such agreement. The labor contract is subject to all the limi- 
tations of contracts, and judicial decisions in the United States 
have determined that no one may contract away his right of 
contract and that no one may make contracts forbidden by the 
state by virtue of its police power.^ 

State Regulation of the Labor Contract 

Contracting away the right of contract. The right of eon- 
tract is a necessary part of freedom but unless it is limited and 
regulated by the state freedom of contract may nullify itself: 
Ancient times' afford illustrations of slavery arising from free 
contract and at the present day conditions attached to the labor 
contract frequently render the contractual relation one of 
virtual slavery. Where the strength of the contracting parties 
is so unequal that the will of the stronger may be imposed upon 
the weaker, not only to the detriment of the individual but of 
the general public, it becomes the duty of the state to enact 
legislation which vsdll prevent the individual citizen laboring 
under the goad of economic necessity from contracting away 
his inherited rights and liberties. 

Statutes relating to "contracting out" have been passed by 
about one-third of our states.* The general import of this leg- 
islation is to make contracts releasing the employer for liability 



' For statutes defining the lator contract compare Mont. Civ. Code, 1895, sec. 
2650, and N. D. Civ. Code, 1899, sec. 4094. 

'See : SloMghterhouae Cases, 1872. 16 Wall. 36-lSO, especially p. 8T ; Frorer 
et al. V. The People, 1892, 141, III. 171 ; Braceville Coal Co. v. The People, 
1898, 147 III. 72 ; Eolden v. Hardy, 1898, 169 U. 8. 366. 

' Pufendorf, Samuel, On the Laws of Nature and of Nations. Part VI, sec. 3. 

• For typical laws see : Fla. Rev. St. 1891, c. 4071, sec. 3 ; Ga. Civ. Code 
1895, sec. 2613 ; Ind. Ann. St. 1901, sec. 7083 ; Mass. Rev. Laws, 1902, c. los', 
sec. 16 ; Mont. Civ. Code. 1895, sec. 2242 ; N. C. Lams, 1897, c. 56 ; and Wy. 
Bev. St. 1899, sec. 2522. 

For typical constitutional provisions see : Col. Const. 1876, art. 15, see 15 ; 
Miss. Const. 1890, art. 7, sec. 193; Mont. Const. 1889, art. 15 sec. 16; Va. 
Gonst. 1902, art. 12, sec. 162. 

[10] 



SCHAFPNEE LABOR CONTEACT 11 

to employees, null and void. Several states have limited leg- 
islation on this point to contracts releasing the employer for 
liability for injuries due to his own negligence or the negli- 
gence of other people in his employ. 

Thus the Massachusetts^ statute reads: 

"No person or corporation shall by a special contract with 
persons in his or its employ, exempt himself or itself from any 
liability which he or it might be under to such persons from 
injuries suffered by them in their employment and which result 
from the employer's own negligence or from the negligence of 
other persons in his or its employ." 

Similarly in Montana^ the law reads: 

"Any contract or agreement entered into by any person, 
company or corporation with its servants or employees whereby 
such person, company, or corporation shall be released or dis- 
charged from liability or responsibility on account of personal 
injuries received by such servants or employees while in the 
service of such person, company or corporation, or the agents 
or employees thereof shall be absolutely null and void." 

But though employer's liability in its general terms is be- 
ing maintained and expressed more and more in specific statutes, 
yet employers frequently escape just accountability through the 
doctrine of common employment. For although statutes have 
modified the doctrine respecting fellow servants in many of 
our states'' further legislation along this line is needed, both to 
secure uniformity and to bring the present law on the subject 
into harmony with present industrial conditions. 

The statutes relating to common employment, to employers' 
liability, and to contracting out, limit freedom of contract in 
a negative way but in reality they extend positive liberty. Green 



' Massachusetts, Bev. Laws, 1902. c. 106, sec. 16. 

'Montana, Civ. Code, 1895, sec. 2242. 

'For typical laws see: Ala. Civ. Code, 1897, c. 43, sec. 1749 Arie. Civ. 
Code, 1901, sec. 2767; Ark. Dig. 1894, c. 130; Cal. Civ. Code, 1885, sec. 1970; 
Col. Laws, 1901, c. 6T ; Fla. Bev. St. 1891, c. 4071, sec. 3 ; Ind. Ann. St. 1901, 
sec. 7083 ; Iowa Code, 1897, sec. 2071 ; Kan. Oen. St. 1901, sec. 5858',; Mass. 
Rev. Laws, 1902, c. 106 ; Mimn. Gen. St. 1894, sec. 2701 ; Miss. Const. 1890, 
art. 7, sec. 193 ; Mo. Bev. St. 1899, sec. 2873 ; Mont. Civ. Code, 1895, sec. 905 ; 
N. T. Lams, 1902, c. 600; N. C. Lams, 1897 c. 56; OMo, Ann. St. 3rd. ed. sec. 
3365-22 ; S. C. Const. 1895, art. 9, sec. 15 ; Tew. Laws, 1897, c. 6 ; Va. Const. 
1902, art 12, sec. 162 ;Wis. Bev. St. 1898, sec. 1816; Wy. Bev. St. 1899, sec. 
2522. 

[11] 



ly BULLETIN OF THE UNIVEESITY OF WISCONSIN 

has well said: "To uphold the sanctity of contracts is doubt- 
less a prime business of government, but it is no less its business 
to provide against contracts being made, which, from the help- 
lessness of one of the parties to them, instead of being a security 
for freedom, becomes an instrument of disguised oppression."* 
Real freedom of contract is possible only where the state places 
restrictions on the sale of labor so that it becomes impossible 
for any individual to contract away his right of contract. 

Contract Limited by the Police Potver. The labor contract 
is further regulated by a mass of legislation enacted by virtue 
of the police power of the state." The police power has been de- 
fined as "that inherent and plenary power which enables the 
state to prohibit certain acts or regulate certain private relations 
for the pupose of securing the safety and health of society."^" 

The supreme court of Illinois has defined the police power as 
"the law of overruling necessity. "^^ By virtue of this power 
our states have enacted all that great body of legislation which 
makes provision for the regulation of labor performed under 
special conditions. The legislation regulating conditions in fac- 
tories and shops, in mines, and on railways, and in other special 
industries has in view the general welfare. The laJws relating 
to the hours of labor, the payment of wages, the health and 
moral condition of employees, and other similar provisions re- 
stricting the labor contract seem at firat sight to deal exclu- 
sively with the welfare of the particular individuals employed 
in the occupations so regulated; but they have for their basis 
far deeper grounds. They rest on that inherent and plenary 
power of the state which enables it to provide for the safety 

'Green, Thomas Hill, General Works, III., 382. 

' Commonwealth of Massacnuaetts v. Alger, 1851, 7 Cush. 53 ; Commonwealth 
V. Hamilton Mfg. Co. 120 Mass. 383 ; Cole et al. v. Hall, 1882, 103 IW 30 ; 

State v. HoUen, 1896, 14 Utah 71 ; Holden v. Hardy, 1898, 169 TJ. 8. 366'. 

1" Compare the following statement : "The police power ... Is a 
power co-extenslve with self-protection and is not inaptly termed the 'law of 
over-ruling necessity.' It may he said to he that inherent and plehary power 
in the state which enahles it to prohibit all things hurtful to the comfort 
safety, and welfare of society." Lake View v. Hose Hill Cemetery Co. 1873 70 
III. 191. 

" Cole et al. v. Hall, 1882, 103 III. 30. 

Compare the statement of Justice Brown in the opinion of the court In 
Holden v. Hardy, 1898, 169 U. S. 366, that "This power, legitimately exercised 
can nieither be limited hy contract nor bartered away by legislation " 

[12] 



SCHAFFNBE LABOE CONTRACT 13 

and security of society in general.^* So far the laws which 
regulate the individual labor contract in our several states, re- 
late largely to the labor of women and minors, yet laws like 
the Utah 8-hour law^' indicate a radical advance in state inter- 
ference in the regulation of the employment contract, and the 
decision of the supreme court of the United States that the law 
is "not an unconstitutional interference with the right of pri- 
vate contract, nor a denial of due process of law or of equal pro- 
tection," shows a tendency toward a broader view of freedom 
of contract and indicates a more liberal interpretation of the 
police power of the state.^* 

But while the drift of legislation and of judicial interpreta- 
tion seems to favor a greater recognition of the right of the 
state to interfere with private contracts the real problem of the 



" The extent of this power Is expressed in the opinion of the court in 
Thorpe o. Bathland and Burlington B. R. Co. 1854, 27 Vermont 140, as follows : 
"All contracts and all rights . . . are subject to this powen ; and not only 
may regulation which affect them he established by the state but all such 
regulations must be subject to change: from time to time as the general 
well-being of the community may require or the circumstances may change 
or as experience may demonstrate the necessity." 

" Utah, Bev. St. 1898, sec. 1337. For court decisions bearing on this law 
see: Holden v. Hardu, 1896, 46 Poo. 756; State v. Bolden, 1896, 14 Utah, 
71 ; and Holden v. Hardy, 1898, 169 V. S. 366. 

'• The following quotation from the opinion of the court in Holden v, Ha/rdy, 
1898, 169 V. S. 36S, shows a broad Interpretation of the police power : "The 
legislature has also recognized the fact, which the experience of legislators 
in many States has corroborated, that the proprietors of these establishments 
and their operatives do not stand upon an equality, and that their Interests 
are, to a certain extent, conflicting. The former naturally desire to obtain as 
much labor as possible from their employees, while the latter are often 
induced by the fear of discharge to conform to regulations which their judg- 
ment, fairly exercised, would pronounce to be detrimental to their health or 
strength. In other words, the proprietors lay down the rules, and the laborers 
are practically constrained to obey them. In such cases self-interest is often 
an unsafe guide, and fhe legislature may properly interpose its authority. 

"It may not be improper to suggest in this connection that although the 
prosecution in this case was against the employer of labor, who apparently, 
under the statute, is the only one liable, his defense is not so much that his 
right to contract has been infringed upon, but that the act works a peculiar 
hardship to his employees, whose right to labor as long as they please is alleged 
to be thereby violated. The argument would certainly come with better grace 
and greater cogency from the latter class. But the fact that both parties are 
of full age, and competent to contract, does not necessarily deprive the State 
of the power to Interfere, where the parties do not stand upon an equality, 
or where the public health demands that one party to the contract shall be 
protected against himself. The State still retains an Interest in his welfare, 
however reckless he may be. The whole is no greater than the sum ot all 
the parts, and when the Individual health, safety, and welfare are sacrificed 
or neglected, the State must suffer." 

[13] 



14 BULLETIN OP THE UXIVEESITY OF -WISCONSIIT 

labor contract is being worked out in a positive way through 
the development of collective action on the part of labor. 

Eights op Association 

The Doctrine of Conspiracy in Relation to the Ordinary Strike, 
the Sympathic Strike, the Boycott 

The rights of association and of collective action on the part 
of laborers have undergone considerable modification during 
the past century.^^ In England, until 1824, workmen entering 



" For eTidence on this poinr consult the following cases. Taken in chrono- 
logical order they present eyidence of an extraordinary evolution in the legal 
right of laborers to combine : 

THttl of the Boot and Shoe MaTcers of PMla4elpMa on am indictment for a 
combination and, conspiracy to raise their wages. Tried in the Mayor's Court, 
January Sessions 1806. Taken in shorthand by Thomas Lloyd, Philadelphia, 
1806. (Commonwealth v. Pullis et al.) 

People V. Melvin, 1809, (Trial of the Journeymen Cordwainers of the Gity 
of New York). Yates Select Cases, 112. Also compare: People v. Melvin, 
1810, manuscript record, Neio YorTc City Hall Recorder for 1810, 207-16. 

Trial of tlie Jowrneym-eyv Cordwavner» of PittsTiwrg, had afi . ., . the 
Court of Quarter Sessions for the County of Allegheny . . . December, 
1815. 

State V. Buchanan, 1821, 5 Har. & J. (Md.) 317 (Not a labor case, but 
gives an interesting summary of the doctrine of conspiracy as applied to labor 
disputes. ) 

Commonwealth of Pennsylvania v. Carlisle, 1821, Brightly's Nisi Prius (Fa.\ 
36. 

The People of New Yorlc v. Benry Trequler, James Clawsey, <t Lewis Ohann- 
terlain, 1823, 1 Wheeler's Criminal cases, 142. 

Trial of Twenty-four Journeymen Tailors before the Mayor's Court, Phila- 
delphia, September Sessions, 1827. (Commonwealth v. Moore, et al.) 

People V. Fisher, 1835, 14 Wend, (N. Y.) 9. 

Trial of the Twenty-one Journeymen Tailors of the City of New York, Court 
of Oyer and Terminer, 1836. (The People v. Faulkner et al.) 

Thompsonville Ca/rpet Mfg. Co. v. Wm. Taylor, Edward Gorman, and Thomas- 
Norton, tried before the superior court for Hartford county. January term, 1836. 

Commonwealth v. Simt, 1840, Thatcher's Criminal Cases, 609-642. Tried in 
the Municipal Court of the City of Boston. 

Commonwealth v. Bunt, 1842, 45 Mass. (4 Mete.) 111. 

State V. Donaldson, 1867, 32 N. J. L. 151. 

Master Stevedores v. Walsh, 1867, 2 Daly, (N. Y.) 1. 

Snow V. Wheeler, 1873, 113 Mass. 186. 
. Old Dominion Steamship Co. v. McK&nna, 1887, 30 Fed. 1887. 

State V. Olidden, 1887, 55 Corm. 46. 

State V. Stewart, 1887. 59 Yt. 273. 

Crump u. The Commonwealth, 1888, 84 Va. 927. 

Casey v. Cincinnati Typographical Union, No. S. 1891, 45 Fed. 135. 

Perloins v. Bogg, 1892, 28 Wkly. Law Bui. (Ohio) 32. 

Oxley Stave Company v. Coopers International Union, 1896, 72 Fed. 695 

[14] 



SCHAFFNEE. LABOE CONTEACT 15 

into a combination to advance wages or to lessen the hours of 
work were subject to prosecution for conspiracy. The English 
common law of conspiracy was never fully adopted in this 
country: however, the leaders of strikes were frequently con- 
victed of conspiracy in the United States.^^ 

Yegelahn v. Ountner, 1896, 167 Maaa. 92. 

Curran v. Oallen, 1897, 152 N. Y. 33. 

Reform Clul) of Mmona and Plasterera L. A. toe, KnAghta of Labor of City of 
N. Y. et al. v. La'borera' Union Protective Society et al., 1899, 60 N. Y. Supp. 
888. 

National Protective Association -v. Cummings 1902, 170 N. Y. 315. 

Marx <£• Rass Jeans Clothing Co. v. Wataon et al. 1902, 67 S. W. 391. 

i« The first trial of this kind for which complete records have come down to 
us, is entitled "Thie trial of the toot and shoemakers of Philadelphia on an 
indictment for a comh'mation and conaplraoy to raise their wages." It was 
tried in the Mayor's Court in' the January Sessions of 1806 and may be found 
In the old reports under the title of Commonwealth v. George PulUs et al. 

The court in summing up the case said, "The common law says there may 
be cases in wliich what one man may do without ofEence, many combined may 
not do with impunity. . . If the purpose to be obtained be an object of 
individual interest, it may fairly be attempted by an individual. Many are pro- 
hibited from combining for the attainment of It. What is the case now before 
us? A combination of wurltmen to raise their wages may be considered in a 
twofold point of view; one is to fyeneflt themselves, the other, is to injure those 
who do not joiin their society. The rule of the law condemns ioth. If thei iru'Iie 
be clear we are bound to conform to it even though we do not comprehend the 
principle upon which it is founded. We are not to reject it because we do not 
see the reason for it. . . . But the rule In this case is pregnant with sound 
sense and all the authorities are clear upon the subject. Hawkins, the greatest 
authority on the criminal law, has laid it down, that a combination to maintain- 
ing one another carrying on a particular object, whether true or false is crimi 
nal. The authority for the case of the King v. the Journeymen Taylors of Cam- 
bridge (1721) does not rest merely upon the reputation of Vol. 8. Modem Re- 
ports. There are other authorities. It is adopted by Blackstone, and laid down 
as the law by Lord Mansfield in 1793, that an act innocent in an individual, is 
rendered criminal by a confederey to effect it. . . In the profound system 

of law . . . there is often great reason for an intsitutiou though a super- 
ficial observer may not be able to discover It. Obedience alone is required in 
the present case. ... It lays with you gentlemen of the jury to decide. 
. . . If you can reconcile it to your consciences, to find the defendants not 
guilty, you will do so ; if not, the alternative that remains is a verdict of guilty." 

The report of the jury was, — "We find the defendants guilty of u, combination 
to raise their wages". The court thereupon fined them $8 each with costs of 
suit to stand committed till paid. The social philosophy which decided this 
case is explicitly summarized in the statement of the court that "A combination 
of workmen to raise their wages may be either to benefit themselves, or to in- 
jure those who do not join their society" and that "the rule of the law con- 
demns both." 

The triall of the Journeymen Oordwamers of Hew York City in 1810 is another 
case in which the journeymen were indicted for conspiracy. Stripped of legal 
phraseology the indictment in general pertained to, — their unlawfully uniting 
themselves into clubs, — refusing to work with non-union men, — agreeing not to- 
work at a lower rate.- — and conspiring to impoverish their masters. 

In his charge the court quoted from the case of the Journeymen Taylors of 

[15] 



16 EULLETIM- OF THE UNIVEESITY OF WISCONSIN 

It has been maintained that "the ordinary strike of itself 
has never been illegal in this country and was probably only 
illegal in England on account of the peculiar interference of the 
government in labor questions. "^^ 

But whatever the theory of our law may have been, the fact 
remains that special legislation by our states has been necessary 
to change the doctrine under which our courts held combinations 
on the part of labor to be unlawful conspiracies. The Penn- 
sylvania law provides that: — "It shall be lawful for employees, 
acting either as individuals or collectively, or as the members 

Cambridge, 1721, that — "Journeymen confederating and refusing to work uniees 
for certain wages may be indicted for a conspiracy, for this offense consists In 
the conspiring and not in the refusal to work and conspiracies are Illegal al- 
though the subject matter of them he lawful." (8 Mod. 11) However, he ob- 
served that, he did not mean to say, nor did the facts In the case require them 
to decide whether an agreement not to work except for certain wages would 
amount to this offense without any unlawful means taken to enforce it. The 
jury returned a verdict against the defendants. The court in passing sentence 
said the novelty of the case and the general conduct of their body composed of 
members useful in the community inclined him to believe that they had erred 
from their ignorance of the law. That the present object of the court was 
rather to admonish than to punish but an adjudication upon the subject being 
now solemnly had it was recommended to them so to alter and modify their rules 
and conduct as not to incur in future the penalties of the law. They were then 
fined one dollar each with costs. The People of New York v. Melvin et al, 1810, 
2 Wheeler's Crim. Cases, (N. T.) 262. 

In the case of the State of Maryland v. Buchanan (in 1821) a case which had 
no special bearing on labor disputes the court (Chase, Ch. J.) in defining various 
forms of conspiracy declared that "A combination among labourers or mechanics 
to raise their wages is a conspiracy at common law and indictable although law- 
ful for each separately to raise his wages." Perhaps this illustrates as well as 
anything could, how thoroughly this doctrine of conspiracy in labor disputes 
had taken possession of the public mind and of judicial opinion'. And yet It Is 
interesting to note that in the case of the Commonwealth of Pa. v. Carlisle, 
tried in the same year, when the tables were turned and an indictment was 
brought against master shoemakers for agreeing with each other not to employ 
any journeymen who would not consent to work at reduced wages, that the court 
declared, — "It would be an assumption of the question to say it is criminal to 
do a lawful act by unlawful means when the object must determine the character 
of the means." Commonwealth v. Carlisle, 1821, Brightly's Hisi Prims, (Pai) 
36. 

For further conspiracy trials, compare : The People v. Henry Treguier James 
Clainsey, & Lewis Chamberlain, 1823, 1 Wheeler's Criminal Cases, (N. T.) 142. 
Commonwealth V. Moore et al. Mayor's Court, Philadelphia, September Sessions, 
1827 ; People v. Fisher, 1835, 14 Wend, {N. Y.) 9 ; State v. Donaldson^ 1867, 
32 N. J. L. 151. 

Also see the list of cases cited In the Albany Law Journal, Aug. 12, 1871, 
with the following editorial comment : "one would not have to look very far 
for authorities to prove that all 'strikes' gotten up by these unions for the pur- 
pose of increasing wages are criminal etfenses and subject the 'strikers' to in- 
dictment." 

•'Stimson, F. J., Labor in its Relation to Law, 95. 

[16] 



SCHAFFNEIt LABOR CONTEACT 17 

of any . . . organization, to refuse to work ... for 
any persons ... or corporations, whenever in . . . 
their opinion the wages paid are insufficient, or, . . . their 
treatment is offensive or unjust, or whenever the continued 
labor ... by them would be contrary to the . . . reg- 
ulations ... of any . . . organization ... of 
which they may be members . . . and it shall be lawful 
for . . . them to devise and adopt ways and means to make 
such . . . regulations . . . effective without subjecting 
them to indictment for conspiracy at common law or under the 
criminal laws of the Commonwealth."^' Similar legislation has 
been passed in several other states. 

Maryland has repealed the entire common law of conspiracy, 
in the following statute: — "An agreement or combination by 
two or more . persons, to do, or procure to be done, any act in 
contemplation or furtherance of a trade dispute between em- 
ployers and workmen, shall not be indictable as a conspiracy, 
if such act, committed by one person, would not be punishable 
as an offense."^' This statute may be taken as a legal ex- 
pression of the doctrine upon which our courts are acting at 
the present time.^" It has taken nearly a century for labor 



^^Pennsylvania Digest, 1895, 484. 2017, 2019. 

^'Marylomd Pub. Gen. Laws, 1888, art. 27, sec. 31. 

^Compare the following cases : Perkins v. Rogg, 1892, 28 Wkly. Load But. 
(Ohio) 32 ; Reform ClaT) of Masons and Plasterers, L. A. 70S, Knights of Labor 
of City of N. Y. et al. v. Laborers' Union Protective SooietV et al., 1899* 60 N. Y. 
Supp. 388 ; National Protective Association v. Cummings, 1902, 170 N. Y. 315. 

Also see the following statement from the dissenting opinion of Judge Holmes 
In Vegelahn v. Ountner, 1896, 167 Mass. 92. "It is plain from the slighest con- 
sideration of practical affairs, or the most superficial reading of industrial his- 
tory, that free competition means combination, and that the organization of the 
world, now going on so fast, means an ever-Increasing might and scope of com- 
bination. 

"It seems to me futile to set our faces against this tendency. Whether hene- 
flcial on the whole, as I thinJs It, or detrimental, it is inevitable, unless the fun- 
damental axioms of society and even the fundamental conditions of life are to 
be changed. One of the eternal conflicts out of which life is made up is that 
between the efforts of every man to get the most that he can for his services, 
and that of society, disguised under the name of capital, to get his services for 
the least possible return. Combination on the one side is patent and powerfBl. 
Combination on the other is the necessary and desirable counterpart. If the 
battle is to be carried on In a fair and equal way. 

"If it be true that workingmen may combine with a view, among other things, 
to getting as much as they can for their labor. Just as capita! may combine with 
a view of getting the greatest possible return. It must be tnie that when com- 



[17] 



18 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

to secure a general recognition of its rights to combine, and tlie 
final acceptance of this doctrine indicates that we have attained 
to a larger conception of what constitutes real liberty. 

But though the ordinary strike has attained a legal status, 
the sympathetic strike has not. The law in taking cognizance 
of the intent of the action holds that sympathetic strikers have 
in view, not so much the improvement of their own conditions as 
the injury of the party against whom they conduct such strike, 
and, therefore, the action is held illegal. However, recent de- 
cisions of our courts seem to indicate that both the sympathetic 
strike and the boycott are beginning to acquire a legal status.^^ 



bincd they have the same liberty that combined capital has, to support their 
interests by argument, persuasion, and the bestowal or refusal of those advant- 
ages which they otherwise lawfully control. I can remember when many people 
thought that, apart from violence or breach of contract, strikes were wicked, as 
organized refusals tO' work. I suppose that intelligent economists and legislator! 
have given up that notion to-day. I feel pretty confident that they equally will 
abandon the idea that an organized refusal by workmen of social intercourse 
with a man who shall enter their antagonist's employ is unlawful, if it is dis- 
sociated from any threat of violence and is made lor the sole object of prevail- 
ing, if possible, in a contest with their employer about the rate of wages." 

21 The tendency to admit the legality of the boycott is more evident in cases 
dealing with employers' associations, but several recent decisions have given 
clear expression to the legal right of labor organizations to employ the boycott. 
With reference to employers' associations see the decision of the supreme court 
of Minnesota in Bohn Mfg. Co. v. .BoUis et al., 1893, 54 Minn. 223, in which 
it was held that any man (unless under contract obligation or unless his em- 
ployment charges him with some public iduty) has a right to refuse to work for 
or deal with any man or class of men, as he sees fit ; and this right which one 
man may exercise singly, any number may agree to exercise jointly. 

Also compare the decisions of the Pennsylvania Supreme Court in 1894 to the 
effect that it was not unlawful coercion for a combination of employers to pre- 
vent dealers in supplies from selling to an employer who was not a member of 
their combination — and who had conceded a demand of the employers — by in- 
forming such dealers that no member of the combination would buy from them 
if they so'.d to such employer. See Cote v. Murphy et al. 159 Pa. St. 420; 
Btichanan v. Barnes, 28 at. 195 ; Buchanan v. Kerr, 159 Pa. St. 433. 

With reference to boycotts by employees compare the recent decision of the 
supreme court of Missouri in which the legality of the boycott was upheld on 
the ground of the constitutional right of free speech. The court declared, "No 
halfway house stands on the highway between absolute prevention and absolute 
freedom. The rights established by section 14 can neither be impaired by the 
legislature, nor hampered nor denied by the courts. Nor does it in any way 
change the complexion of this case by reason of its being alleged in the peti- 
tion 'that the defendents, and each of them. Is [are] without means, and has 
[have] no property, over and above the exemption allowed by law, wherefrom 
the plaintiff might secure satisfaction for the damages resulting to it from the 
acts aforesaid!' The constitution is no respecter of persons. The Impecunious 
man 'who hath not where to lay his head' has as good right to free speech etc. 
as has the wealthiest man in the comniunlty. And in this connection it 'is to 
be constantly borne in mind that the principle is firmly rooted In equity juris 

[18] 



SGHAFFITEK LABOR CONTEACT 19 

The question arises, — How have we finally come to the ac- 
ceptance of the doctrine that workmen have the right to com- 
bine? Is there no common basis for the apparently irreconcil- 
able decisions? 

Throughout all the maze of divergent legislation and of con- 
flicting judicial decisions in our several states there runs a 



prudence that, thougli there be no remedy at law, this doea not necessarily and 
of Itself 'give a court of equity jurisdiction to afford relief. The authority to en- 
join finds no better harbor in the empty pocket of the poor man than in the full 
pocket of the rich man. And such authority to enjoin can have no existence in 
circumstances such as the present case presents, if the Constitution is to be 
obeyed. If these defendants are not permitted to tell the story of their wrongs, 
or, if you please, their supposed wrongs, by word of mouth, or with pen or 
print, and to endeavor to persuade others to aid them by all peaceable means In 
securing redress of such wrongs, what becomes of free speech, and what of 
personal liberty? The fact that in exercising that freedom they thereby do 
plaintiff an actionable injury does not go a hair toward a diminution of their 
right of free speech, etc., for the exercise of which, if resulting in such injury, 
the Constitution makes them expressly responsible. But such respousibliitiy ia 
utterly incompatible with authority in a. court of equity to prevent such respon- 
sibility from occurring." Marw & Hass Jecms OlotMng Co. v. Wutson et ail. 
(United Garment Workers of America) 1902, 168 Mo. 133. 

A decision recently (1901) made by Judge Tuley of Chicago in the circuit 
court of Cook County in the case of boycott by the Mosaic Workers Union of 
that city presents a striking contrast to some of the earlier cases. It seems 
that a certain contractor charged the members of the Mosaic Workers Union, and 
entered suit against them for conspiring to injure his business. The facts al- 
leged by the plaintiff were admitted, but the construction put upon them in the 
complaint was denied by the defendants. They admitted sending circulars to 
architects, builders and contractors setting forth that the plaintiff was the only 
mosaic manufacturer In Chicago who had refused to sign the agreement with 
the union and that in consequence no union man would work for him. Th» 
circular further said "we therefore request you not to let any contract to hla 
until he has acceded to our demands. Sympathetic strikes will result on any 
building where he gets a contract." 

The question at issue was,— "Was there In these statements a wrongful at- 
tempt to injure the non-union contractor?" After summing up the evidence, 
Judge Tuley instructed the jury to bring In a verdict of not galUjf. He de- 
clared the law bearing upon the facts to be as follows : — ^"The law holds that 
any person in competition with another may state the truth regarding the busi- 
ness of the other however Injurious to the business of the other that truth may 
be. This Is true of combinations and corporations as well as of Individuals. 
The motive of m^Ing such truthful though injurious statements may be to take 
from the other some of his business and to add to the business of the person 
making those statements. The motive is a legal one. The act and the motive 
In this case are both legal. In other words competition is industrial welfare 
and injury Is not the test of wrong. A man has the right to attract all the 
patronage he can, not only by praising his own goods, but by telling unfavorable 
things (provided they are true) about the goods of his rivals. He may injure 
them, but his method is not wrongful. The Mosaic Workers' Union simply 
told the truth about its relation to Davis and the consequences that would fol- 
low the letting of contracts to him. An injury may have resulted but such an 
Injury as the union had a legal right to Inflict." 

[19] 



20 BTJLLETIlf OF THE UNIVERSITY OF WISCONSIIir 

unifying principle which shows the common basis for apparently 
irreconcilable conclusions: and this principle hinges upon the 
question whether the parties involved in the dispute had an 
eye single to the improvement of their own condition or whether 
they had in view the injury of the person against whom their 
action was directed.^^ A variety of decisions is inevitable where 
the law seeks, as it does here, to discover the intent and pur- 
pose of the action. Where the decision goes beyond the mere 
question as to the legality or illegality of the act a host of quali- 
fying circumstances arise to modify the decision in each par- 
ticular case. Moreover, the personal equation enters into the 
question and qualifies the decision according to the social philos- 
ophy of the court. 

The history of the labor contract illustrates the changes 
wrought in our legal theory and our social philosophy. Under 
the Elizabethan statutes the individual laborer was restrained 
from contracting for wages higher than the amount limited by 
law. Under these statutes "A combination to enforce a higher 
rate was necessarily a combination with an illegal purpose."^' 

The reaction against excessive regulations which had outlived 
the form of industry thus regulated, cleared the way for the 
idea that the individual contract, free from all limitations by 
the state would emancipate labor. This was merely one phase 
of the individualistic philosophy of the 18th century and as 
a social theory it adapted itself readily to the industrial con- 
ditions which preceded the Industrial Revolution. The trend 
of events in industry soon compelled the state to impose limita- 



^^One of the most interesting points in tiie Trial of the Boot and SJioe Matera 
of PhUadelpMa, 1806, is tliat when the prosecution finally left their ease with 
the court they rested it upon the claim that such combinations were conspiracies 
which In themselves were unlawful even if unaccompanyed by force, threats, or 
Intimidation. To substantiate this claim various authorities were quoted (p. 
136) and finally the claim was rested upon the common law. The court ex- 
pressed the same thought in the following concise words : "A combination of 
workmen to raise their wages may be considered in a twofold point of view; 
one is to 'benefit themselves, the other, is to injure those who do not join their 
tociety. The rule of the law condemns both." In subsequent cases we find 
more effort made to prove that it was not the combination to better their own 
condition that was unlawful but the injury accruing to others on account of 
their actions that subjected workmen to Indictment for conspiracy; and tM» 
distinction remaims the point at tsstte in labor disputes to the present day. 

"^Stimson, F. J, Labor in its Relation to Law, 79 

[20] 



SCHAFFNEE LABOK CONTRACT 21 

tions on the right of free contract and led to the recognition of 
the right of laborers to combine. 

In this country the position was gradually reached that labor- 
ers had the legal right to strike for the purpose of improving 
their own condition. But after the ordinary strike had be- 
come legal, the sympathic strike remained illegal because the 
law refused to recognize a solidarity of interest sufficiently great 
to justify a strike against an employer, against whom the strik- 
ers had no common grievance. Gradually, the recognition of 
a broader range of common interests is leading our courts to 
hold the sympathetic strike and even the boycott legal. 

The varying attitude of the law toward the individual de- 
mand, the strike, and the boycott, illustrates the change which 
has come about in our jurisprudence. We pass from the stage 
where the law recognized the right of the individual laborer to 
demand better conditions, to the stage where it recognizes the 
legality of collective action on the part of small groups of 
laborers closely bound together in their common interests. 
Finally, we are reaching the point where the law is beginning 
to recognize the right of collective action on the part of still 
larger groups of laborers having fewer interests in common and 
acting together only occasionally for the accomplishment of 
some definite purpose. Almost unconsciously our jurisprudence 
has developed until it furnishes a legal basis for collective bar- 
gaining. 

Enforcement of Coddectivb Agreements 

Responsibility of the Organization 

The development of greater personal rights on the part of 
the individual laborer and the assumption of corporate rights 
and obligations on the part of labor organizations will place 
labor in a position to make effective use of its legal right of 
collective action. But there are no rights without correspond- 
ing duties. With the acquisition of new rights, labor must as- 
sume reciprocal obligations. The legal machinery necessary 
for collective bargaining will avail nothing unless labor organi- 
zations develop a responsibility which will enable them to fulfill 

[21] 



22 BULLETIN OF THE UNIVEESITT OF 'WISCOITSIN 

their contracts. It has long been a principle of Englisli juris- 
prudence that courts will not enforce the individual labor con- 
tract. It would compromise the spirit of Anglo-Saxon liberty 
to aUow our courts to enforce a contract for personal service. 
But our law provides for recovery of damages for breach of 
the labor contract the same as for other contracts. The only dif- 
ference lies in the remedy, as it is impossible to collect damages 
from a propertyless man. 

Now if organized labor takes general advantage of its legal 
right to make collective agreements, the inevitable result vrill be 
to strengthen its industrial position so that it will be able to de- 
mand better conditions of labor and a larger share of the out- 
put of industry. But with the acquisition of larger control 
in industry will arise the responsibility — inseparable from the 
right of contract— of fulfilling its part of the agreement, or 
else subjecting itself to action for damages for breach of con- 
tract.^* If the group bargains as to the terms of the agreement, 
the group must eventually assume responsibility for the fulfill- 
ment of those terms. In the actual process of collective bargain- 
ing in the United States this responsibility is being assumed by 
labor organizations.^^ Certain unions have even gone to the 



!»For cases of violation of collective agreements on tlie part of employers, 
see : United Brotherhood of Cloak MaJcers v. Qwewitz, N. T. Law Journal, 
Aug. 1, 1900 ; United Brotherhood of Cloak Makers v. Frank, N. 7. Law Journal, 
Nov. 8, 1900. 

""The following methods of arbitration illustrate some of the practical devices 
employed in securing the enforcement of collective agreements. 

Arbitration Agreement between American Newspaper Publishers' Association 
and International Typographical Union. 

Section 1. On and after May 1, 1902, and until May 1, 1907, any publisher 
who is d member of the American Newspaper Publishers' Association, employing 
union labor in any department or departments of his office under a contract or 
contracts, written or verbal, with a local union or unions affiliated with the 
International Typographical Union where such contracts have been approved by 
the president of the latter organization, as well as under all contracts in force 
on May 1, 1901, shall have the following guarantees : 

a. He shall be protected under such contract or contracts by the International 
Typographical Union against walk-outs, strikes, boycotts, or any other form of 
concerted interference with the peaceful operation of the department or depart- 
ments of labor so contracted for, by any union or unions with which he has con- 
tractual relations ; provided such publisher shall enter into an agreement with 
the International Typographical Union to arbitrate all differences that may arlae 
under said verbal or written contracts between said publisher and the local union 
affecting union employees in said department or departments, if such said differ- 
ences can not be settled by concilatlon. 

b. AH disputes arising over scale provisions relating to wages and hours in 

[32] 



SCHAFPNEE LABOE CONTEACT 23 

extent of supplying union men to take the places of other union 
men on strike, when in the judgment of the general organi- 
zation the men striking had insufficient cause for such action. 



renewing or extending contracts sliall likewise he subject to arbitration under 
the provisions of this agreement, if sucli disputes can not be adjusted through 
conciliation. 

It is expressly understood that contracts hereafter entered into by publishers 
with allied trades councils shall not be recognized as coming under the terms 
of this agreement. 

Sec. 2. The International Typographical Union further agrees to arbitrate 
any and all diCEerences that may arise in the mechanical departments of any 
newspaper, member of the American Newspaper Publishers' Association, which 
shall enter into an agreement to that effect ; provided all departments of said 
newspaper under the jurisdiction of the International Typographical Union are 
strictly union departments and are so recognized. 

Sec. 3. The question whether a department shall be union or non-union shall 
not be classed as a "difEerenee" to be arbitrated. 

Sec. 4. If conciliation between the publisher and a local union fails, then 
provision must be made for local arbitration. If local arbitration or arbitrators 
can not be agreed upon, all di£ferences shall be referred, upon application of 
either party, to the National Board of Arbitration. In case a local board of ar- 
bitration is formed, and a decision rendered which is unsatisfactory to either 
Bide, then review by the National Board of Arbitration may be asked for by the 
dissatisfied party, provided notice to the other party to that effect is given with- 
in fifteen days thereafter. It shall be optional with the board to grant or deny 
«uch review as the facts in the case may warrant. 

Sec. 5. In case a review is granted, as provided in section 4, the National 
Board of Arbitration shall not take evidence except by a majority vote of the 
board, but both parties to the controversy may be required to submit records 
and briefs, and to make oral or written arguments (at the option of the board) 
In support of their several contentions. They may submit an agreed statement 
of facts, or a transcript of testimony properly certified to, before a notary public 
by the stenographer taking the original evidence or depositions. 

" Sec. 6. Pending final decision, work shall be continued in the ofl3ce of the 
publisher, party to the case, and the award of the National Board of Arbitration 
shall, in all cases, include a determination of the Issues involved, covering the 
period between the raising of the Issues and their final settlement ; and any 
change or changes in the wage scale of employees may, at the discretion of the 
board, be made effective from the date the issues were first made. 

Sec. 7. Union departments shall be understood to mean such as are made up 
wholly of union employees. In which union rules prevail, and In which the union 
has been formally recognized bv the employer. 

Stbc. 8. This agreement shall apply to individual members of the American 
Newspaper Publishers' Association or local associations of publishers accepting 
It and the rules drafted hereunder, at least sixty (60) days before a dispute 
shall arise. 

Sec. 9. The National Board of Arbitration shall consist of the president of 
the International Typographical Union and the commissioner of the American 
Newspaper Publishers' Association, or their proxies, and in the event of a failure 
to reach an agreement, these two shall select a third member in each dispute, 
the member so selected to act as chairman of the board. The finding of the 
majority of the board shall be final, and shall be accepted as such by the parties 
to the dispute under consideration. 

Sec. 10. In the event of either party to the dispute refusing to accept and 
comply with the decision of the National Board of Arbitration, all aid and 



[33] 



24 BULLETIN OF THE UNIVEESITT OF -WISCONSIIir 

However, it is folly to expect labor organizations to assume 
corporate responsibility until our law and judicial interpreta- 
tion have attained to a clearer and more consistent expression 
of reciprocal rights and obligations under our present system 

support to the firm or employer, or local union refusing acceptance and com- 
pliance, shall be withdrawn by both parties to this agreement. The acts of 
such recalcitrant employer or union shall be publicly disavowed, and the ag- 
grieved party to this agreement shall be furnished by the other with an official 
document to that end. 

Sec. 11. The said National Board of Arbitration must act, when its services 
are desired by either party to a dispute as above, and shall proceed with all 
possible dispatch in rendering such services. 

Sec. 12. All expenses attendant upon the settlement of any dispute, except 
the personal expenses of the commissioner of the American Newspaper Pub- 
lishers' Association and the president of the International Typographical Un- 
ion, shall be borne equally by the parties to the dispute. 

Sec. 13. The conditions obtaining before the initiation of the dispute shall 
remain in effect pending the finding of the local or of the National Board of 
Arbitration. 

* « * 

Arbitration Agreement between American Newspaper Publishers' Association 
and International Printing Pressmen's and Assistants' Union. 

Section 1. On and after May 1, 1902, and until May 1, 1907, any publisher 
who is a member of the American Newspaper Publishers' Association employing 
union labor in the pressroom of his office, under an existing contract, either 
written or verbal, with a local pressmen's union chartered by the International 
Printing Pressmen's and Assistants' Union, shall be protected under such con- 
tract by the International Printing Pressmen's and Assistants' Union against 
walk-outs, strikes, boycotts, or any other form of concerted interferences with the 
peaceful operation of labor in his press rooms so contracted for by said local 
pressmen's union. Likewise in case of the termination of said contracts, labor 
in said pressrooms shall be continued by said union, and if differences arise in 
the framing of a new contract as to wages, hours, etc., they shall be settled 
first by conciliation, if possible, and if not, then by arbitration, as provided 
In this agreement. 

Provided, The said publisher shall enter into an' agreement with the Inter- 
national Printing Pressmen's and Assistants' Union to arbitrate all differences 
that may arise between the said publisher and the members of the Pressmen's 
Union in his employment, in case said differences can not first be settled by con- 
ciliation and mutual agi^eement. 

Sec. 2. If conciliation between the publisher and the local union fails, then 
provision must be made for local arbitration. If local arbitration or arbitrators 
can not be agreed upon, all differences shall be referred, upon application of 
either party, to tBe International Board of Arbitration. In case a local board 
of arbitration is formed, and a decision rendered which is unsatisfactory to 
either side, then ah appeal may be taken to the International Board of Arbitra- 
tion by the dissatisfied party. 

Sec. 3. In cases of appeal from a local board of arbitration, the Interna- 
tional Board of Arbitration shall not take evidence, except by a majority vote 
of the board ; but the appellant and the; appellee may be required to submit 
records and briefs, and to make oral or written arguments (at the option of 
the board) In support of their respective contentions. The parties to the con- 
troversy may submit an agreed statement of facts, or a transcript of testimony 

[24] 



SCHAFFNEK LABOR CONTEACT 25 

of industry. Trade unions have much to lose and little to gain 
from incoi'poration until the old bug-bear doctrine of conspir- 
acy has once and for all been erased from our statutes and our 



properly certified to, before a notary public, by the stenographer taking the 
original evidence or depositions. 

Sec. 4. Pending decision under such appeal, work shall be continued In the 
press room of the publisher, party to the case, and the award of the Interna- 
tional Board of Arbitration shall, in all cases. Include a determination of the 
Issues involved, covering the period between the raising of the Issues and the 
final settlement ; and any change or changes in the wage scale of employees, may, 
at the discretion of the board, be made effective from the date the Issues were 
first made. 

Sbc. 5. If in any ease any number of newspaper publishers of any city form- 
ing a local publishers' association enter into contract verbal or written with the 
Pressmens' Union of said city under the lurisdictlon of the International Print- 
ing Pressmen's and Assistants' Ijnion, then, and in that case, such association 
shall enjoy all the rights and be subjected to ail the obligations hereby applying 
to any individual publisher as noted above. 

Sac. 6. Employers whose press rooms are operated by members of the Press- 
men's Union under the jurisdiction of the International Printing Pressmen's and 
Assistants' Union, and in which press rooms disputes or differences arise which 
can not be settled locally, shall have the right to demand the services of the 
International Board of Arbitration. 

Sec. 7. In like manner local unions of the International Printing Pressmen's 
and Assistants' Union, becoming involved in disputes with a publisher concern- 
ing the operating of the press rooms heretofore described, and which can not 
be settled locally, shall have the right to demand the services of the Interna- 
tional Board of Arbitration. 

Sbc. 8. The words "union press rooms" as herein employed shall be con- 
strued to refer only to such press rooms as are operated wholly by union em- 
ployees, in which union rules presvall, and in which the union has been formally 
recognized by the employer. 

Sec. 9. It Is understood that this agreement shall apply to individual mem- 
ters of the American Newspaper Publishers' Association, or publishers con- 
nected with its labor bureau, or local associations of publishers accepting it and 
the rules drafted hereunder, at least thirty days before a dispute shall arise. 

Sec. 10. The International Board of Arbitration shall consist of the presi- 
dent of the International Printing Pressmen's and Assistants' Union and the 
commissioner of the American Newspaper Publishers' Association, or their 
proxies, and in the event of failure to reach an agreement, these two shall se- 
lect a third member in each dispute, the member so selected to act as chairman 
of the board. The finding of a majority of the board shall be final, and shall 
be accepted as such by the parties to the dispute under consideration. 

Sec. 11. In the event of either party to the dispute refusing to accept and 
comply with the decision of the International Board of Arbitration, all aid and 
support to the firm or employer or local union refusing acceptance and com- 
pliance, shall be withdrawn by both parties to this agreement. The acts of 
such recalcitrant employer or union shall be publicly disavowed, and the ag- 
grieved party to this agreement shall be furnished by the other with an offlciaJ 
document to that effect. 

Sec. 12 The said International Board of Arbitration must act, when its 
services are desired by either party to a dispute as above, and shall proceed 
with all possible dispatch in rendering such service. 

Sec. 13. All expense attendant upon the settlement of any dispute, except 

[25] 



26 BULLETIN OF THE UNIVEESITY OF -WISCONSIN 

judiciary have learned the difference between liability for the 
fulfillment of contractual obligations and liability for injury, 
incidental to the right of each party peacefully to pursue its 



the personal expenses of the president of the International Printing Pressmen's 
and Assistants' Union and of the commissioner of the American Newspaper 
Publishers' Association, shall be borne equally by the parties to the dispute. 

Sec. 14. The conditions obtaining before the initiation of the dispute shall 
remain in effect pending the finding of the local or International Board of Ar- 
bitration. 



Agreement made by the Operators of Iowa and the United Mine Workers of 
District Thirteen effective April 1st, 1902, until April 1st, 1903. 

At a joint conference of the United Mine Workers of America and the Iowa 
Coal Operator's Association held at Des Moines, Iowa, March 17, 1902, the fol- 
lowing scale, rules, regulation and agreement were entered into and adopted for 
District Thirteen for the year beginning April 1st, 1902, and ending March 31st, 
1903. 

Resolution No. 8. The duties of the pit committee shall be conflued to the 
adjustment of disputes between the pit boss and the miners or laborers arising 
out of this agreement, or any local agreement made in connection herewith, 
where the pit boss and said miners or mine laborers have failed to agree. In 
case of any local trouble arising at any mine through such failure to agree be- 
tween the pit boss and any miner or mine laborer, the pit committee and the 
pit boss are empowered to adjust, and in case of their disagreement it shall be 
referred to the superintendent of the company and the miner's President of 
the Local Union, or local Executive Board of not more than five members, the 
meeting of said board not to be held while the mine is in operation and should 
they fail to adjust it, it shall be referred to the operator of the mine and 
the miner's State President, and should they fail to agree they may sub- 
mit the matter to arbitration which shall be final or the matter shall be 
referred in writing to the Executive Committee of the Iowa Coal Operators' 
Association and the State Executive Board of the U. M. W. of A. for adjust- 
ment, and in all cases the miners or mine laborers and parties involved must 
continue at work pending an investigation and adjustment until a final deci- 
sion is reached in the manner above set iorth. 

It any employes doing day work shall cease work because of a grievance 
which has not been taken up for adjustment in the manner provided herein and 
such action shall seem likely to impede the operation of the mine, the pit com- 
mittee shall assist the company in obtaining a man or men to take such vacant 
place or places at the scale rate in order that the mine may continue at work. 
In case the mine is shut down in violation of these agreements, or any of them, 
the organization will at all times furnish all the men required by the operator 
at the scale rate to properly care for the mine. 

Resolution No. 19. Any Local Union causing any mine to shut down in vio- 
lation of this agreement, where the state law is not being violated, the mem- 
Ijers thereof shall be assessed twenty-flve cents each, the same to be collected 
by the company on its pay roll and paid over to the Secretary-Treasurer of 
District No. 13. Any ofiicer or any member of any committee of any local un- 
ion, un'ese acting under instructions of his Local Union, who shall advise or 
encourage any employe to refuse or cease to work, where he has a right to work 
under this agreement, may be discharged ; provided that if such ofiicer or mem- 
ber of committee is acting under instructions of the Local Union, then the 



[36] 



SOHAFFNEE LABOE CONTEACT 27 

own interests while involved in a labor dispute. Labor or- 
ganizations must eventually assume responsibility for the ful- 
fillment of their collective agreements or collective bargaining 
will become impossible: but they ought hardly to be blamed 
for refusing to incorporate as long as incorporation is likely 
to subject them to damages which could not be imposed if our 
courts consistently refused to recognize the worn-out doctrine 
of conspiracy. 

Unfortunately the legal expression of rights is usually a cen- 
tury behind industrial conditions. However, recent decisions 
presage a rapid evolution of the law defining and regulating the 
obligations of labor contracting in its collective capacity. The 
further development of our law will undoubtedly make labor 
organizations responsible for the fulfillment of their agreements 
but will remove all causes of action for damages against unions, 
■excepting such as are either expressed or directly implied in the 
contract under which damages are claimed. To make labor 
unions responsible for incidental injuries to other parties while 
they are peacefully seeking to improve their own condition 
through a strike or boycott is to place them on a different footing 
from individuals or other ogranizations. 

"A corporation may while pursuing its own interests injure 
another but it is not, therefore, held responsible, and our courts 
ought not to hold unions responsible."^" 

Our law has finally attained to quite a consistent expression 
of the right of labor to combine. Its next step must be a guar- 
antee that the right shall be effective by removing all liability 
for damages which are based upon the old common-law doctrine 
of conspiracy. With the danger of this extraordinary liability 
removed, labor organizations will begin to look with more favor 



-assessment as atioYe shall be made. This not to apply to officers or committee- 
men who advise a man to leave the employ of the company. 

It is agreed whenever any mine foreman or other representative of the com- 
pany persists In violating the agreement, or in using abusive language to em- 
ployes, without sufficient provocation, the local union shall have the right to 
prefer charges against said foreman or representative of the comiiany to the 
Joint State Board of Miners and Operators, and if the charges are suslained, 
the operator agrees to remove such foreman or other representative of the com- 
pany, or the Joint Board may mete out such other merited punishment as the 
exigencies of the case may demand: 

2" Efly, Eichard T. Class room lectures on the Distribution of Wealth, Madi- 
son, 1898, Book 1, part 2, chap. 5, par. IX. 

[27] 



28 BULLETIN OF THE CNIVEESITY OF WISCOIfSIN 

upon incorporation. With labor organized into responsible cor- 
porate bodies collective bargaining will be put on a firmer basis. 
As the representatives of mutually responsible bodies, joint ar- 
bitration and conciliation boards within the trade will be better 
able to adjust conflicting interests through voluntary action. 
Collective bargaining may thus become a strong force making 
for industrial peace. 

Bights of the Individual Member 

The question of the rights of the individual member within 
the organization brings us to the final test as to the possibility 
of developing collective bargaining along lines which shall be 
consistent with personal liberty. How can unions enforce their 
own rules without exercising a tyranny which might become in- 
imical to personal rights? A sufficient guarantee against such 
a contingency seems to be the democratic government of labor 
organizations. Most of our older unions employ the referendum 
in deciding questions of policy, and provide elaborate systems 
of appeal for cases of individual grievances. It seems hardly 
probable that members would establish regulations subversive 
of their o'wn personal rights in a society in which each has an 
equal vote. 

A more probable outcome might be such a development of cor- 
porate responsibility on the part of unions toward individual 
members, that individual members could legally restrain officers 
from using beneficiary funds for strike purposes. Such a result 
would greatly impair the fighting strength of unions and it is 
probable that we shall follow the English law^' on this point, 
which enables leaders to exhaust the accumulated funds of the 
union in times of labor war because contracts between unions 
and their members cannot be enforced in the courts. Yet, even 
this delegation of power to leaders, great as it seems, is in 
reality, but an expression of the collective authority of the or- 
ganization and must be exercised with the greatest discretion or 
it becomes self-destructive. Moreover, as organizations grow in 
strength and stability the necessity of employing beneficiary 
funds for the purpose of self-preservation gradually disappears. 

" Trade Union Act, 1871, 34 and 85 Tict. c. 31. 

[28] 



SCHAFFNEE LABOR COIJTEACT 29 

If the rights within the organization did not guarantee to 
the individual members greater privileges and strength than is 
possible for them to attain individually, there would not be 
sufficient motive for combination. The conservative, prudent 
action of our older trade unions seems to justify the view that 
the further development of labor organizations will so extend 
the personal rights of labor in industry, that those rights will 
serve their members in lieu of property rights.^* 

This idea of a development of personal rights, which shall 
serve as a substitute for property rights, gives us a broadened 
concept of personal liberty. 

The development of the labor contract from the individual 
bargain to the collective agreement thus brings us from the 
stage of individual political liberty to a condition in which 
the individual laborer finds a higher personal liberty through 
associated action. 

Under a system of domestic industry, political liberty seemed 
adequate to secure the rights of the individual in society. An- 
glo-Saxon constitutions and Anglo-Saxon legislation embody this 
principle and emphasize over and over again the importance of 
individual liberty. But what is liberty for one century may 
become tyranny for the next unless there is a constant read- 
justment to new conditions. The acquirement of political 
liberty was only one step in the evolution of the highest form 
of personal liberty and the complex organization of present 
industrial society is demanding industrial liberty as the neces- 
sary complement of political liber-ty. 

But how is this liberty to be acquired ? It cannot be bestowed 
as a gift by the state. The state may extend liberty through 
wise regulation; but real liberty is not a gift. It is a right to 
be won and defended by those who would enjoy it. The past 
century presents a struggle for the acquisition of new rights 
on the part of labor in order that it might gain a position where 
its rights should become co-ordinate with the new duties and 
obligations which it necessarily assumed under a complex or- 
ganization of industry. Labor has insisted upon rights of asso- 



" Adams, Henry C. Address iefore the Congress on Industrial Conciliation 
and ArUtration. . . . Chicago, 1894, 63-68. 

[39] 



30 BULLETIN OP THE UNIVERSITY OF WISCONSIN 

ciation and the right of collective action until the force of its 
insistence has enacted new legislation and the weight of its 
argument has affected judicial decisions. 

It is the alert, aggressive action of labor demanding a larger 
voice in the control of industry and insisting upon a broader 
interpretation of personal rights which must finally transform 
our idea of political liberty into the more comprehensive con- 
cept of industrial liberty. 

But the fullest realization of industrial liberty can be arrived 
at only by conserving all of the rights and duties which have 
been acquired in the long straggle for political freedom. It is 
not a turning away from, but a further development of our 
Anglo-Saxon liberty which will bring about a more democratic- 
industrial society. Restrictions and limitations by the state 
play a necessary part in the adjustment of reciprocal rights in 
forming the labor contract, yet they serve rather as a restrain- 
ing than as a positive force. The further develpoment of per- 
sonal rights including the rights of association and of collective 
action will tend to equalize the strength of the two parties ta 
the labor contract and will dispose of the necessity of state inter- 
ference except in so far as the private agreement affects the wel- 
fare of the general public. 

The trend of events in our industrial life has modified our 
old conception of freedom of contract and our concept of indi- 
vidual liberty is being widened to embrace the individual in his 
social relations. The further evolution of our jurisprudence 
will conform to this change in our social philosophy and will 
define the personal rights of the individual from the broad 
standpoint of social obligation. Finally, the ethical sense of 
our people will sanction this development because it will be 
found in line with social well-being. ^^ 



" von Ihering describes the evolution of tlie law In tlie following concise state- 
ment : "The end of the law Is peace. The means to that end is war. All the 
law In the world has heen obtained by strife. Every principle which obtains- 

had first to be wrung from those who denied it ; and every legal right, the 

legal rights of a nation as well as those of individuals, — supposes a continual 
readiness to assert it and defend it. The law is not mere theory, but living 
force. . . . For the Idea of the law is an eternal Becoming ; but that 
which Has Become, must yield to the new Becoming." "The Struggle for Law."' 
Translated from 5th German edition by John G. Laior. 

[30] 



SCHAJ-FNEE LABOE GOWTItACT 31 



CHAPTER II 

THE INDUSTRIAL BASIS 
The Growth op Industries and the Organization op Labor 

"We have noted how the attitude of the law has changed to- 
ward labor during the past century. The question remains, — 
how did this change come about? What were the forces at 
work? How did reciprocal rights and duties between employer 
and employee adjust themselves under an ever changing and 
expanding industry? How were industrial rights on the part 
of labor gradually extended and how was general recognition 
of such rights and privileges finally won? 

In the evolution of organized industrial life in the U. S. we 
pass from the individual workshop to large scale production 
and from the individual employer to the representative of con- 
solidated industries employing thousands of men. Parallel with 
the growth of industries there has gone the development of 
collective action on the part of labor and a close analysis of our 
industrial history reveals more than an accidental connection 
between these two phenomona. 

When we trace the development from individual to organized 
industry we are confronted at every stage with the union of 
employees seeking through organization to place themselvesi 
in a more advantageous position for bargaining with their em- 
ployers. The relations established between employer and em- 
ployee from time to time are the result of the struggle of con- 
flicting interests. The rights secured and the obligations as- 
sumed by the two parties to the labor contract measure the 
relative strength of the interests involved. The conditions estab- 
lished are as varying as are the forms of industrial organiza- 
tion and one of the most significant features in our economic 
history is the close adjustment of the labor contract to the gen- 
eral features of our industrial development. 

[31] 



32 BULLETIN OF THE UNIVEKSITT OF WISCONSIU' 

The transition from individual to associated action on the 
part of labor seems to follow as a necessary corollary upon the 
changes in our industrial organization. The organization oE 
industry promoted efficiency in production, the organization of 
labor followed because the laboring man desired a larger share 
in distribution. 

In tracing out the historical development of the rights of 
labor in industry, we are compelled to recognize that their in- 
dustrial as well as their legal rights have been won by laborers 
through a continuous struggle on their part to better their own 
condition.^ It is impossible to gain a clear conception of the 



»A mass of valuable evidence bearing botli on tlie legal and on the industrial 
condition of workmen is to be found in the old conspiracy trials wbich usually 
followed strikes in the earlier period of our history. Most of the older trials 
were printed in pamphlet form and contain not only the opinion of the court, 
but large portions of the testimony, and usually the arguments of the opposing 
^counsel. The writer knows of no other source so rich in data bearing on the 
evolution of the labor problem in this country. Among the trials most valuable 
for a study of the question are : 

Trial of the Boot and Shoe Makers of Philadelphia, in the Mayor's Court, 
January Sessions, 1806. Taken in shorthand by Lloyd, Philadelphia, 1806. 

People V. Melvin, 1810, Manuscript Record, Hew York City Ball Recorder 
for 1810, p. 207-16. Also see People v. Melvin, 1809 {Trial of the Journeymen 
Cordwainers of the City of New York) Yates, Select Cases, 112, and People 
of New York v. Melvin et al. 1810, 2 Wheeler's Grim. Cases, 262. 

Trial of the Journeymen Cordwainers of Pittshurg, had at . . . The Court 
of Quarter Sessions for the County of Allegheny . . . December, 1815. 

Commonwealth. Carlisle, 1821, Brightly's Nisi Prius, (Pa.) 36. (Master 
Shoemakers). 

The People of New York v. Henry Treguier James Clawsey d Lewis Cham- 
herlain, 1823, Wheelers Orim'inal Cases, 142, (Journeymen! Hatters). 

Oomm.onwealth v. Moore et al. (Trial of the Twenty-four Journeymen Tailors 
before the Mayor's Court, Philadelphia, September Sessions, 1827.) 

People V. Pisher, 1835, 14 Wend. (N. Y.) 9. (Journeymen Shoemakers). 

The People v. Faulkner et al. (Trial of the Twenty-one Journeymen Tailors 
of the City of New York, Court of Oyer and Terminer, 1836.) 

Thompsonville Carpet Mfg. Co. v. Wm. Taylor, Edwa/rd Gorman, and Thomas 
Norton, Tried before the Superior Court for Hartford County, January Term 
1836. 

Commonwealth v. Hunt, 1840, Thatcher's Criminal Cases, p. 609-642. Tried 
in the municipal court of the City of Boston. (Journeymen Bootmakers.) 

Commonwealth v. Hunt 1842, 45 Mass. (i Meto.) 111. 

State V. Donaldson, 1867, 32 N. J. L. 151. 

Master Stevedores v. Walsh, 1867, 2 Daly, (N. Y.) 1. 

Snow V. Wheeler, 1873, 113 Mass. 186. 

Old Dominion Steamship Co., v. McKenna, 1887, 30 Fed. Rep. 48. 

State V. aildden, 1887, 55 Conn. 46. 

State V. Stewart, 1887, 59 Vt. 273. 

Crump V. The Comomnwealth, 1888, 84 Ta. 927. 

Casey v. Cincinnati Typographical Union, No. S, 1891, 45 Fed. 135. 

Perkins v. Rogg, 1892, 28 Wkly. Law Bui. 32. 

[32] 



SCIIAT'B'NEE LABOS COKTEACT 33 

development of collective bargaining in the United States with- 
out an appreciation of the fact that the organization of labor 
constantly adjusted itself to the growth of our industries and 
that the enlightened self interest of workingmen led them to or- 
ganize in order to secure a proportionate share of a constantly 
increasing output. 

From the Individual Employer to Large Scale Production 

Individual Workshops. Something over a century ago indus- 
try in the United States was in the domestic stage. The ma- 
jority of the economic wants of our people were supplied by 
household industry. The wants which could not be provided 
for in the home itself were usually supplied by independent arti- 
sans working in their own little shops. ^ 

However, evidences that the domestic stage of industry was 
coming to a close were everywhere at hand. Even before the 
Revolution there had been crude manufactures and at its close 
the inception of the factory system was under way. By the 
beginning of the last century our ship building had attained 
to considerable importance. Saw-mills supplied lumber for ex- 
port. The iron and glass industries were established and the 
manufacture of textiles was beginning to be transferred to fac- 
tories. Printing and publishing had also become an established 
industry; and in the building trades, carpenter work, stone 
cutting and brick making had become separate callings. Tet, 
practically everywhere labor and capital were still in the same 
hands. Free land opened a large field for industry an.l the 
scarcity of labor offered the man without property wide oppor- 



Oteley Stave Company v. Coopers Intern atlonal Union, 1896, 72 Fed. 695. 

Tegelahn v. Ountner, 1896, 167 Mass. 92. 

Curran v. Oallen, 1897, 152 N. Y. 33. 

Reform Club of Masons and Plasterers, L. A. 70S, Knights of Labor of 
City of Jfew York et al. v. Laborers' Union Protective Society et ah, 1899, 60 
N. Y. Supp. 888. 

National Protective Association v. Cummings. 1902, 170 U. Y. 315. 

Marx & Bass JeoMS Clothing Co. v. Watson et al., 1902, 168 Mo. 133. 

2 Tte New York City Hall Recorder (manuscript record) furnishes much val- 
nr.'o'.?. data bearing on industrial relatione during the latter part of the 18th and 
the early part of the 19th century. Although the volumes of the Recorder are 
not published prior to 1816, they are easily accessible in the new Criminal Court 
Building, New Torls City. 

3 [33] 



34 BULLETIN OF THE UJVIVEESITY OF WISCONSIN 

tunities for alternative employments. 'The individual laborei- 
worked beside his employer from day to day and there were but 
few journeymen in any trade who could not look forward with 
reasonable expectation to being their o^ivn masters and manag- 
ing a separate business in due time. 

Under the system of small workshops the workman turned 
out a completed product which showed the measure of his 
workmanship and served to develop the creative and artistic 
instinct of the man. The mind which designed and the hand 
which executed were a part of the same personality and the com- 
plete development of the individual workman was possible. 
Again under this order the workman had an established place 
in -industry. He was not dependent upon the will of others 
for work and the measure of his returns depended directly 
upon his industry and capacity. The market for disposing of 
his product was near at hand and the risk of loss was not great. 
The permanence and stability of his employment gave the arti- 
san an established home in industry and the attendant rights 
made him a man of standing in his community. 

During the period of individual workshops the employment 
relation was circumscribed by customary regulations recognized 
by both parties to the labor contract and the reciprocal rights 
of the individual employer and employee were hedged about 
by usages long established in the trade. The employment rela- 
tion was a personal one and the interests of both parties were 
adequately protected by the individual labor contract. "With 
the growth of industry, larger groups of men were employed 
in the same establishment. The division of labor, resulting in 
the co-operation of effort, bound the individual workman closer 
to his fellow-employee and the interdependence of laborers in 
the same industry increased with the size of the industrial unit. 
However, as long as the industrial strength of the individual 
workman approximated that of his employer there was little 
need for organized effort on the part of laborers in order to secure 
higher wages or better conditions of employment. It was not 
until concentration in industry had placed the employer in such 
a strong position that it was possible for him to fix the terms 
of employment with very little reference to the claims of his 

[34] 



SCHAPFNEE LABOR CONTEACT 35 

employees, that workingmen began to see the necessity of acting 
together in order to secure equitable conditions in the labor 
contract. 

Associations of workmen in the same craft for social and 
benevolent purposes had existed from early colonial days; but 
it was not until a certain concentration of industry had brought 
together considerable groups of laborers in the same locality 
that they began to exercise the functions of our modern trade 
unions.^ 

The beginnings of collective action on the part of labor were 
usually sporadic. Workingmen, having common grievances, 
formulated demands which they presented to employers. Occa- 
sionally the demands were acceded to, and, occasionally, when 
they were refused, the employees went on strike in order to 
gain concessions. Collective action on the part of employees 
in the same establishment was frequently carried on quite effec- 
tively without any regular organization, but until at least a 
nucleus for an organization was formed efforts to enforce de- 
mands usually resulted in failure. Such a result was almost 
inevitable at this stage. The demands were frequently excessive, 
or, at least, iU-timed. Or even if they were both just and ex- 
pedient, they were more than likely doomed to defeat on account 
of the lack of organized means to enforce them. 

"With the growth of industries larger groups of laborers were 
gathered in the various factories and the close relationship be- 
tween employer and workmen, known in former days, came to 
an end. Still, there was little recognition, on the part of the 
general public, of the changing conditions of industry and it 
was only- in the older industries that there seemed to be a grow- 
ing consciousness of diverging interests between employer and 
employees. 

Growth of the Factory System. (About 1796—1830.) The 
development of our industries from 1796 to 1830 brought us 
from the weak beginnings weU into the first stages of the factory 
system. Our older industries were gradually transferred from 



'For an historical sijetcli of trade unions from early times see Trial of the 
Journeymen Oordwainers of the City of New Yorh, 1809, (People v. Melvin), 
Tates' Select Cases, N. Y. 1811. 

[35] 



36 BULLETIN OF THE UNIVEESITT OF ■WISCONSIN 

workshops to factories and the change from individual to organ- 
ized production was well under way.* 

The organization of industries on a larger scale changed the 
old conditions of employment. The individual workshop where 
master and journeyman had worked side by side could not com- 
pete with the factory. Under the new conditions the old cus- 
tomary relations between employer and employee gradually came 
to an end and the individual workingman came to realize that 
he must take a subordinate place in industry. 

As the separation between the employing and employed classes 
became more clearly defined, the clash of conflicting interests be- 
came more frequent.^ The interdependence of the two parties 
to the labor contract was not as apparent as it had formerly 
been and the claims of each in bargaining failed to receive that 
mutual consideration which personal contact in the employment 
relation had promoted under individual production. Under the 
new conditions of bargaining the relative strength of the two 
parties was also changed. The workingman occupied a less ad- 
vantageous position because the economic strength of the em- 
ployer had been enhanced by the concentration in industry. 
The growing size of the business unit enabled the employer to 
hold out with the accumulated strength of capital to back him 
in any dispute as to the terms of the employment contract while 
the individual workman found his position compromised by 
the lack of unity among his fellow employees. 

The division of labor in the larger industries increased the 
interdependence of the workmen. The old vantage ground of 
individual production had enabled the artisan to create a com- 



'For contemporary newspaper comment on Industrial derelopment see : The 
Philadelphia Aurora, Oct. 24, Nov. 6, and Not. 8, 1803 ; The Independent 
Chronicle, Boston, Jan. 1, 1810 ; The Massachusetts Spp or Worcester Qazette 
Apr. 3, 1816 ; The Freeman's Journal, Cooperstown, N. T., Aug. 6, 1821 ; The 
Massachusetts Yeomam, Worcester, Sept. 10, 1823 ; The National Intelligencer, 
Jan. 13, , Feb. 27, and Mar. 9, 1832; The American Daily Advertiser, Philadel- 
phia, Apr. 2, 1832 ; The Boston Transcript, Apr. 25, May 24, and July 8, 1833. 

!> For trials due to strikes see : Commonwealth v. Pullis, Mayor's Court, 
rhlladelphla, January Sessions, 180(5 ; People v. Melvin, ISIO, manuscript 
record, New Torlc City Hall Recorder for 1810, p. 207-16 ; Trial of the Journey- 
men Oorwainers of Pittsburg, Court of Quarter Sessions, County of AUe- 
gheney, Dec. 1815 ; Commonwealth v. Carlisle, 1821 ; Brlghtly's Nisi Prius 
{Pa.) p. 36 ; The People of New York v. Trequier et at., 1823, 1 Wheeler's 
Criminal Cases 142 ; Commonweath v. Moore et ah. Mayor's Court, Philadel- 
phia, September Sessions, 1827. 

[36] 



SCHAFFNEK LABOE CONTRACT 37 

pleted product. Organized industry compelled him to adjust 
his activities to the work of the group. Tke old independence 
of the individual artisan was lost. The new strength of asso- 
ciated action was yet to be found. 

The unity of purpose which had formerly inspired the indi- 
vidual workman to the completion of the object in hand was 
dissipated as far as the effort of separate employees was con- 
cerned because the task assigned to each was but a part of the 
whole work. The mind of the employer derived new stimulus 
from the unification of the various operations in his factory; 
the workman was confronted with the possibility of becoming 
an easily replaceable cog in a great organization. 

Gradually from the necessities of the case laborers began to 
act together where the immediate interests of the group were 
concerned. The first attempts at collective action indicate an 
effort largely unconscious to regain the strength of unity in bar- 
gaining which had characterized the workman under individual 
production. However, concentration in our industries proceeded 
at such a rapid rate that the readjustment of relations between 
employer and employee could not keep pace with our general 
industrial development.® Under the regime of individual pro- 
duction, labor had occupied an established place in industry 
and individual bargaining secured a fairly equitable distribu- 
tion of the product. Under the new order there was a growing 
consciousness on the part of labor that its old vantage ground 
was slipping away. The increased production due to better 
industrial organization was plainly apparent, but it was also 
apparent that the distribution of that product did nob bring 
labor a proportionately increasing return. The strikes which 
took place from time to time and the occurrence of general 
"turnouts" in the larger centers of industry indicate a growing 
recognition on the part of the workmen that concentration in 
industry required concert of action on their part if their interests 
were to be conserved under the new conditions of production. 
Even in this early period the organization of labor followed 
closely upon the growth and concentration of industry. But 



'For the growth of industries see: TTie Independent Chronicle, Boston, 
Jan. 1, 1810; National IntelUgenoer, Feb. 27, 1832; Boston Transcript, Apr. 
25 and July 8, 1833. 

[37] 



38 BULLETIN OF THE UNIVEBSITY OF WISCONSIN 

the process of readjustment in the relations of employer and 
employee failed to keep pace with our rapid industrial develop- 
ment. Employers usually resented what they considered ill-ad- 
vised interference with "their business" and the majority of 
trade dispute resulted in strikes or lockouts in which the 
stronger party came out first without very much reference to the 
merits of the controversy. 

Our social philosophy also favored the stronger side in the 
struggle for new industrial rights.'' It seemed wise and exped- 
ient that employers should take advantage of every means to 
perfect the organization of industry and secure a consequent 
increased production; it was not so easy for employers or the 
general public to understand that the organization of labor was 
a necessary part, an inevitable result, of industrial organization 
and concentration. When labor attempted to organize in order 
to place itself on a more equal footing for bargaining with em- 
ployers, it had to meet, not only the self-interest of employers 
but an overwhelming public opinion which almost uniformly 
condemned labor organizations. Unwise and precipitate action 
on the part of new organizations resulted in strikes and lockouts 
which served to increase the tension of strained relations with 
employers. Old industrial relations were disturbed beyond the 
point of equilibrium and a period of storm and stress invariably 
followed the early attempts of organized labor to secure a part 
of the increment of organized production. 

Extension of the Competitive Field. (About 1830 — 1861.) So 
long as the single establishment was the unit in industry, and 
competition was limited to a small field, labor organizations had 
little connection with members of their trade in other localities. 
The conditions of employment were largely determined by the 
individual contract, and the relations so established were but 
slightly modified through occasional concert of action on the 
part of employees. 

The development of transportation and conununication during 
the second quarter of the last century extended the limits of 

' Compare tlie opinion of tlie Court in TUe People of New York v. Treqmer 
et al., 1823, 1 Wheeler's Criminal Cases 142, with the recent decision in National 
ProteoUve Association v. Cummings, 1902, 170 N. T. 315. 

[38] 



SCI-IAFFNEE — -LABOR CONTEACT 39 

the competitive field and a corresponding expansion took place 
in the business unit. Industries which had before depended 
largely upon a local market extended their field of operations 
■wherever transportation facilities provided opportunities for dis- 
posing of their products. 

With the extension of competition over wider fields new 
phases of the labor problem presented themselves. The direct 
competition between laborers for the same employment was in- 
creased as the available supply for any given industry could 
be drawn from a larger territory. However, the force of this 
condition was largely overcome by the alternative opportunities 
which remained open to the laborer, particularly the large areas 
of free land awaiting settlement. Another condition which had 
a direct and immediate effect was the greater competition which 
developed between different establishments in the same industry. 
In the struggle to secure larger markets, the separate establish- 
ments found it necessary to employ all of the economies possible 
in the business. Wages, forming such an important element in 
cost, offered an inviting field in which to reduce expenses. The 
stage of organization reached by our older industries after they 
were able to utilize transportation and communication facili- 
ties is in marked contrast to the degree of organization attained 
by workingmen. The introduction of labor-saving inventions. 
the division of labor, the growth of the business unit constantly 
extending its operations to cover the larger competitive field 
created by improved transportation, all emphasized the difference 
in bargaining strength between the individual laborer and the 
employer at the head of an organized business unit. Concen- 
tration and organization in industry continued to proceed hand 
in hand with the extension of transportation facilities and the 
increasing size of the industrial unit brought larger groups of 
workingmen under the same management. That the organiza- 
tion of labor lagged far behind the organization of industry 
during the second quarter of the nineteenth century is plainly 
apparent when viewed from the perspective of the present day 
but it was not so apparent to either employers or workingmen 
of that time. However, as the limits of competition in the same 
trade continued to widen and the industrial unit increased in 
size, workingmen began to extend their organizations. Local 

[39] 



40 BTJLLETIJSr OB' THE TTNIVEESITY OJ? WISCONSIIT 

unions multiplied in the older crafts, and, in the early thirties, 
the separate organizations in the various trades in the same 
localities began to unite for common action. 

. In the period from 1830 to 1860 there was not only an increas- 
ing number of unions organized in newly developing industries 
but the older unions were gradually extending their sphere of 
influence and were becoming factors which employers had to 
reckon with in determining the conditions of employment. Em- 
ployers occupied with the extension of their business over a 
larger competitive field scarcely realized the augmented strength 
of their own position in relation to their workingmen, and with 
competition bearing heavity upon those who had before been 
secure in the possession of a local market, conditions seemed to 
offer diiSculties enough without the addition of labor troubles. 
They resented the interference of their employees in "their own 
business ' ' and frequent strikes and lockouts bear testimony that 
the rapid concentration in industry had failed to give oppor- 
tunity for the adjustment of the employment relationship to 
the new industrial conditions. On the other hand the laborers 
had no plan of organized collective action to bear against the 
new forces which confronted them. In earlier decades they had 
been wont to strike in single shops and in eases of common griev- 
ances had even conducted general turnouts. But at this stage 
collective action on the part of workingmen was still conditioned 
by the limitations of local organization while the industrial unit 
in which they found employment was extending its operations 
over territorial and even national competitive areas. 

The opportunism of trade unionism was baffled by the new 
situation for the power of the local labor organization was out- 
classed at practically every point by the strength of the organ- 
ized industrial unit. A half-conscious recognition on the part 
of workingmen that their interests failed to receive adequate 
consideration began to impress itself upon the thought of the 
time.^ Recognizing the limitations of their local trade organi- 

« Contemporary books and pamphlets reflect renewed interest in ttie iabor 

question. See : Facts for the Laboring Man ly the Laboring Man, Newport, 

1840; Reply to Brownson's Article on the Laboring Classes, Cambridge, 1841: 

-Sliaw, P. G. The Organisation of Labor and Association, N. T. 1847. Allien, 

-,J. Labor and Wages at Home and Abroad, Lowell, 1849 ; Kellogg, B. Lalor 

.and Other Capital: The Rights of Each Secured and the Wrongs of IBothi 

[40] 



SCHAFFNEE LABOR CONTRACT 41 

zations without fully understanding the new conditions of in- 
dustry, leaders of workingmen's societies at this time began to 
advocate united action for the purpose of social and political 
propaganda. 

This was one phase of the movement toward a broader realiza- 
tion of democracy which so peculiarly characterized the third 
and fourth decades of the past century. The wave of moral 
sentiment and altruistic feeling which swept over our people in 
that period and strengthened the protest against slavery was 
thus reflected in the labor movement of the time. Various co- 
operative experiments interested the general public and the pro- 
paganda of idealists wakened a consciousness that social and in- 
dustrial conditions demanded improvement, but the universality 
of view entertained by the social reformers of the time deprived 
them of the advantage of a distinct and definite aim and it re- 
mained for organized labor to better conditions of employment 
by striking for shorter hours and higher wages. 

The agitation for shortening the work day spread over the 
New England states and over New York, Pennsylvania, and New 
Jersey. That there was need for this reform is evident from 
the fact that the work day in general remained "from sun to 
sun," and there were numerous cases where it was even longer. 
An interesting resolution bearing on excessive hours was 
adopted in 1846 by the factory operatives of Peterboro, New 
Hampshire, who resolved: — "That although the evening and 
the morning is spoken of in the Scripture, yet in that book no 
mention is made of an evening in the morning. We therefore 
conclude that the practice of lighting up our factories in the 
morning, and thereby making two evenings in every twenty- 
four hours, is not only oppressive but unscriptural. "' 

Continuous agitation had secured the adoption of the ten-hour 
day in the government workshops in 1840, but in private indus- 
try the prevailing hours of work remained from sun-rise to sun- 
set. However, the continued agitation of social reformers and 
the increasing number of successful strikes were beginning to 



Era^cated, N. T. 1849 ; Address of the Ten Sours State Convention Held tn ■ 
Boston, Sept. 30, 1852 ; Dixon, J. American Labor; Its Necessities and Pros- • 
peats, N. T., 1852. 
'McNeill, George E. The Labor Movement, —,107 -»-— 

[41] 



42 BULLETIN OF THE UNIVEESITT OF WISCONSIN 

have their effect on public opinion. The changing attitude ap- 
pears in the newspaper comment" and in the pamphlet litera- 
ture of the time. In 1835 a combination of Schuylkill mer- 
chants, who pledged themselves not to hire laborers unless they 
agreed to work from sun-rise to sun-set and at a rate not ex- 
ceeding $1.00 per day, was condemned by a writer of the time 
on the ground that combinations on the part of employers were 
as wrong' as those of workmen." That the public were also be- 
coming more sympathetic tov/ard workmen on strike is indicated 
by the following quotation fro]n the Rochester Democrat in 1837 : 
"The excitement among our laborers continues. About 150, 
yesterday, proceeded to the corps of workmen engaged on the 
east side of the river . . . and requested them to stop work. 
They immediately did so, throwing aside their shovels and pick- 
axes. There is a settled determination among the laborers neither 
to comply with the temis of the contractors themselves nor to 
allow others to do so. They cannot be censured for refusing to 
work fifteen hours for six shillings.^^ In a strike of the miU 
operatives of Salisbury, Massachusetts, in 1852, the strikers had 
the sympathetic endorsement of John G. "Whittier, T. "W. Hig- 
ginson, and other men of influence. In connection with the 
greater consideration which laborers were beginning to receive 
,at the hands of the general public there is also a noticeable 
change in the tactics adopted by employers to break the demands 
of their workmen. Conspiracy trials could no longer be de- 
pended upon to convict striking employees as a matter of 
course,^^ and the labor press was beginning to give expression 
to the claim of workmen that they were entitled to some voice 
in determining the conditions under which they sold their 



"" For comment favorable to workingmen. see the New York Evening Post, 
June 1, 1836 ; and the PuWio Ledger, June 2, and July 14, 1836. 

"New Jersey, Bureau of Statistics. Report, 1885, 272. 

"Niles Register, July 8, 1837. 

" For a more liberal line of judicial decisions see : TTiompsonville Carpet 
Mfg. Co. V. Wm. Twylor, Edward Gorman, and Thomas Norton, Tried before 
the Superior Court for Hartford County, January Term, 1836. 

The people of New York v. Jonathan B. Cooper, Kennith Defries, Frederick 
Brush, Roljert B. Lawton, Blisha, Babcook, Herman Stoddard, John Maroellai, 
and Sidney Wamdte, (Trial of the Might Journeymen OordwaMers at Hudson,' 
N. Y.) Court of General Sessions, June, 1836. 

Commonwealth v. Hunt, 1842, 45 Mass. 111. 

[43] 



SCHAFFNEE LABOK CONTKACT 43 

labor.i* Employers could not escape the contagion of the new- 
spirit. They felt the necessity of a new basis of vindication for 
their part in labor disputes and from this time on we hear much 
of "the right of the employer to run his own business" and 
the folly of submitting to "outside dictation" in managing "his 
own affairs. ' ' This new attitude was taken in the strike of the 
Salisbury mill operatives, before alluded to. A conciliatory 
letter proposing a compromise on the part of the operatives 
was thus answered by the mill agent: "I cannot consistently 
accept the proposition . ♦ . . for a settlement of the difficulties 
now existing. . . The company in whose behalf I act can- 
not allow any dictation in regard to the rules and regulations by 
which they will be governed in the management of their mills ; 
and deprecating, as they do, all combinations by the operatives 
to resist their authority, . . . they have come to the conclu- 
sion that when the machinery is started, be it now or at any 
future time, it must be by men who have had no participation in 
the late movements to resist their authority. "^^ The operatives 
finally found other employment and the mill owner-s reopened 
their factory with foreign laborers. "We have here a ease where 
the operatives were too independent to submit and the employers 
were strong enough to resist the demands of their workmen, but 
not without great financial loss and the serious crippling of 
their business. 

Numerous strikes for shorter hours and better wages, — and 
occasionally for the enforaement of union rules, — continued 
throughout the fifties. Sometimes the strikers were successful, 
but more often they were unable to enforce their demands. But 
more important than any immediate success as regards hours 
or wages was the development within the trade unions them- 
selves. 

We have already noted the tendency which appeared in the 
early thirties, toward a closer union of the various trade organ- 
izations in the same locality. "The General Trades-Union of 



" See the National Laborer for June 18, and 25, 1836 for criticisms on tlie 
aecision of tiie Court in The People v. Faulkner et al. (Trial of the Twenty- 
one Jowneymen Tailors of the Oity of New York, Court of Oyer and Ter- 
miner, 1836.) 

" Massacliusetts, Bureau of Statistics of Labor, 11th Animal Report, 1880. 
Strikes in Massachusetts, 1830-1880, Reprint, 13. 



[43] 



44 BULLETIN OV THE TJinVEESITY OF WISCONSIN 

the City of New York" was active in 1833," and a general 
trades-union of the mechanics of Boston was formed in 1834." 
Associations including the workmen within wider limits also 
appeared a,t this time. The "New England Association of 
Farmers, Mechanics, and other Workingmen" was organized in 
1831,^* and the "New England Workingman's Association" in 
1845.1° Other organizations of a similar character sprang up 
all over the northern states, and in 1845 representatives from 
the "New England Workingmen 's League," the "National Re- 
form Association of New York," and other similar organiza- 
tions, met in an "Industrial Congress" in New York.^* But 
while these general associations served a useful purpose ia 
bringing workingmen and social reformers together, and en- 
abled them to act together in the interests of social and political 
reform, this form of organization was adapted rather to poli- 
tical than to industrial cooperation, and as the development of 
transportation and communication widened the limits of the 
competitive field in the same industry, the necessity of a closer 
union of the local organizations in the same trade made itself 
felt. 

The adjustment of disturbed relations between employer and 
employee in industries which extended their operations over 
wide competitive areas brought workingmen to a realization of 
their close interdependence upon each other. This conviction 
held largely imconsciously was reflected in the development of 
labor organizations. Prom the early fifties until after the 
Civil "War the most characteristic feature of the labor move- 
ment was the federation of local bodies into organizations cover- 
ing larger territorial areas. The general outlines of this de- 
velopment indicate the organization of labor along lines which 
enabled it to approximate to a limited degree the previous con- 
centration in industry. This was shown more especially in the 
rapid evolution of national labor organizations through the fed- 
eration of local unions based upon the idea of trade autonomy, 

,^ "Ely, Richard T. The Lal)or Movement im America, 43. 

, " McNeill, George B. The Laior Movement 82. 

'Ely, Richard T. The Labor Movement in America, 50. 

" McNeill, George B. The Lalor Movement . loi 

"Ibid. 104. 

[44] 



SCHAFFNEE LABOB CONTEACT 45 

thus bringing within a unified jurisdiction groups of laborers 
■engaged in similar industries within possible competitive limits. 
The movement toward the organization of national and inter- 
national trades-unions is illustrated during the fifties by the 
formation of many strong societies. A "National Convention 
■of Journeymen Printers" met in New York in 1850. The fol- 
lowing year they met again, and in 1852 they formed the per- 
manent organization now known as the "International Typo- 
graphical Union." The "National Trade Association of Hat 
Finishers" was organized in 1854,^^ the "National Cotton Mule 
Spinners Association of America" in 1858,^^ and the "National 
Union of Iron Holders" in 1859.^* Other trade organizations 
which had reached considerable memberships followed the ex- 
ample set by these unions and united into national associations. 
It is interesting to note how the older trades first attained to 
national organization; we shall find later on that they also led 
in the development of boards of arbitration and conciliation, 
and, eventually, in developing systems of collective bargaining. 
, The period closing with 1860 was a period of weak organi- 
zations. For three decades there had been a considerable de- 
velopment of trade-unionism, but the transference of produc- 
tion from the worl?shop to the factory had gone on with such 
rapid strides that the consequent changes in the relative strength 
■of employer and employee left the latter in an unfavorable 
position. The conditions of employment were usually fixed by 
the employer, and the continuous struggles of workmen to bet- 
ter their own condition were generally unsuccessful and fre- 
quently resulted disastrously to their unions. However, the 
series of unsuccessful strikes had taught the necessity of closer 
cooperation. Instead of being baffled by continuous defeats the 
unions of the time evolved the National form of trade organiza- 
tion and thus put themselves on a basis for collective action in 
future disputes. 



^ National Trade Association of Eat Finishers' Proceedings Special 

•Convention 1882, 1. 

"National Cotton Mule Spinners Association of Amerioa, Constitution and 
General By-Lams, 1890, 1. 

"Sylvls, WiUlam H., President of the Iron Molders' International Union, 
Annual Report. In Proceedings of the Eighth Annual Session . . . 1867, 10. 

[45] 



46 BULLETIN OF THE TJNIVEKSITT OF WISCONSIN" 

Development of Large Industries (About 1861-1886.) The 
concentration of our industries in large establishments proceeded 
at a rapid rate during the Civil War. The adoption of im- 
proved machinery, to take the place of labor withdrawn by the 
war, necessitated a greater division of labor and the reorgan- 
ization of separate industries on a larger scale. The develop- 
ment of transportation and communication had widened the lim- 
its of the competitive field, and the concentration of wealth had 
put large masses of capital under the same management. Em- 
ployers of labor had great resources at hand and great interests 
at stake. On the other hand, the men who had returned from 
the war to take up work in shop or factory were more than ever 
ready to wager a trial of strength to gain new concessions from 
their employers. Labor organizations increased rapidly ia 
membership. The New York Tribune of April the thirtieth, 
1867, estimated that there were 30,000 men in "workingmen's 
societies" in New York City alone, and that Brooklyn and other 
adjoining towns would furnish 20,000 more. The organization 
of labor in other industrial centers kept pace with the move- 
ment in New York City.^ 

From 1860 on, the distinction between organizations holding^ 
to trade autonomy and those including members of all crafts, 
in the same Locals, became marked. After the war there was 
again a tendency toward labor organizations based upon the 
idea of political and social propaganda for the advancement of 
the working classes and numerous labor orders and societies 
of this nature sprang into existence. The remarkable concen- 
tration of industry during and immediately following the Civil 
, --■^?I 

"Wide-spread interest in labor questions is reflected in contemporary 
\^ pamphlets and books. See : Hours of Labor, Xorth American review, Janu- 
^ ^.ary, 1863; The Labor Question, Extracts, Magazine Articles, and Observations 
Relating to Social Science ami Political Eoonoiny as Bearing upon the Subjects 
of Labor, Tra4es-Vnions, Co-operative Societies, Chicago, 1867 ; Winn, A. M. 
Address before California llcchanics' State Council. June 3, 1870, on the 
Bight Hour Law, Sau Francisco, 1870 ; Johnson, S. Labor Parties and Labor 
Reform, Boston, 1871; Address from Friends of the Workingmam, Boston, 1872; 
Green, B. B. The irrepressible Conflict Between Labor and Capital, Phila. 
1872 ; Larned, J. N. Talks about Labor, and Oonoeming the Evolution of\ 
Justice between the Laborers and the Captalists, N. T. 1876 ; Hughes, T. The 
Labor Question and Oiher Vital Questions, N. Y. 1877; Kilgore, D. Y. Oration 
July 1), IS',9, at the Eight Hour Demonstration, Philadelphia, From "The 
Trades," Philadelphia, Nov. 8, 1879 ; McAulefE, J. Address on Labor against 
the Eight Hour Movement, From Chicago Times, Sept. 1, 1879. 

[46] 



SCHAFFNEE LABOK CONTEAGT 4< 

War brought organized labor face to face with new aggregations 
of power with which it seemed inadequate to deal. The storm 
and stress of the occasion thwarted the aims of the opportunist 
for industrial amelioration; the time for the idealist with far- 
reaching plans of social regeneration was rife. Accordingly 
the idea of trade autonomy was for a while eclipsed by the num- 
erical strength of those who emphasized the idea of the solidarity 
of labor and who hoped to secure better conditions through 
general political and social agitation. A large number of socie- 
ties holding to the latter idea made their influence felt in the 
period following the war, but by 1880, the Knights of Labor 
were the only ones which retained any considerable member- 
ship.^^ 

The general philosophy and aims of these labor orders is shown 
in a long preamble to the Constitution of the Sovereigns of In- 
dustry which reads in part as follows: "The laboring classes 
include the most numerous par-t of the people in civilized society. 
On their toils and worth the social welfare of society ultimately 
rests. Their redemption from wrong and suffering is of corres- 
ponding importance. . . . Therefore knowing that in society 
as well as in nature, the organized forces and elements appro- 
priate and control the incoherent ones, that power is not only 
wielded but engendered by union and cooperative exertion, we 
institute the Order oi the Sovereigns of Industry, for the pur- 
pose of overthrowing these evils, elevating the character, im- 
proving the conditions, and, as far as possible, _ perfecting the 
happiness of the laboring classes of every calling, and thus 
doing our part toward the redemption of the world. The Order 
will aim to cultivate in its members generous sympathies, sound- 
ness of thought, comprehensiveness of policy, and a supreme re- 
spect for the rights of others, with an inflexible determination 
to maintain their own, while for labor it will seek to secure full 
and free opportunites. . . . We wage no war with persons 
or classes, but only with Wrongs, discords, and hardships, which 
have existed too long. . . . We abhor every scheme of arbi- 



'^ Amonig the organizations of this kind may be mentioned : The National 
Labor Union, the National Union of Farmers and Mechanics and all Laborers, 
the Industrial Brotherhood, the Sovereigns of Industry, and the Junior Sons 
of '76. 

[47] 



48 BtTLLETIN OP THE UNIVEESITY OE WISCONSIN 

trary agrarianism or violence; and shall use only such instru- 
mentalities as are sanctioned by demonstrated principles of 
moral philosophy and social science, the nniversal interests of 
humanity, and a philanthrophy . . . above all distinctions 
of class, sex, creed, race or nationality."^* 

There can be no doubt but that these organizations were 
adapted to political agitation and to general social reform, and 
this seems to have been the object of many of the "labor orders" 
which sprang into existence soon after the Civil War. While 
this was all very well, the times demanded an extension of 
specific industrial rights for laborer's, and, to secure these, the 
organizations holding to the lines of trade autonomy had the 
more efficient organizations. With concentration in industry 
organization based on trade autonomy is necessary for effective 
systems of collective bargaining and, throughout all the varying 
phases of trade-unionism in the United States, collective bar- 
gaining is the point toward which organized labor has been 
tending. Accordingly as the lines of industrial organization 
became more clearly defined and as labor disputes brought em- 
ployers and employees in the same industry face to face with 
specific conditions there was a gradual extension of the old idea 
of organization based upon trade autonomy. 

From 1860 to 1881 the work of organizing local into National 
and International unions went on. Among the organizations 
so established during this period were: — the Brotherhood of 
Locomotive Engineers, founded in 1863; the Cigar Makers' Na- 
tional Union, organized in 1864; the Glass Bottle Blowers' As- 
sociation, and the Bricklayers' and Masons' International Union, 
both established in 1865 : the Order of Eailway Conductors, in- 
stituted in 1868; the Brotherhood of Locomotive Firemen, and 
the German- American Typographia, both dating from 1873 ; the 
National Union of Horseshoers, founded in 1874; the National 
Marine Engineers, established in 1875; the Amalgamated As- 
sociation of Iron and Steel Workers, formed in 1876 ; the Gran- 
ite Cutters' National Union, organized in 1877 and the Flint 
Glass Workers Union, established in 1878. The establishment 
of the Federation of Organized Trades and Labor Unions in 



^'■Sovereigns of Industry, Constitution 1874, 1-2 

[48] 



SCHAFFISiEE LABOE CONTEACT 49 

1881 gave a further impetus to the organization of national and 
international unions. The Brotherhood of Carpenters and 
Joiners and the International Brotherhood of Boiler Makers and 
Iron Ship Builders were formed in 1881, and the Operative 
Plasterers' International Association in 1882. The Brother- 
hood of Railroad Trainmen, the Journeymen Tailors' National 
Union, the Lithographers' International Protective and Bene- 
ficial Association, the International "Wood Carvers' Association, 
and the Mosaic and Encaustic Tile Layers all date from 1883. 
In 1886 the Order of Railroad Telegraphers, the Switchmen's 
Mutual Aid Association, the Metal Polishers' Buffers', and 
Platers' International Union, the Bakers' and Confectioners' 
International Union, and the United Brewery Workmen were 
added to the list of trades organized into national or interna- 
tional bodies. Other trade organizations might be added to the 
list given ; those named suffice to show that the two decades fol- 
lowing the Civil War saw not only the development of large 
industries which extended their operations over the entire na- 
tional area but that workmen were also beginning to recognize 
the necessity of broader organization. 

taie characteristic feature of the labor movement during the 
two decades following the Civil War was the intense bitterness ex- 
cited in strikes^^ in which each side insisted on enforcing one- 
sided demands. With the captains of industry strong in the 
vantage ground in which the trend of events had placed them, 
and organized labor strong in the confidence which invariably 
follows new organization, there was bound to be a clash of in- 
terests. An epidemic of strikes and lockouts broke out all over 
the United States and until well into the eighties a period of 
storm and stress held sway in most of our industrial centers. 
The most serious troubles were the strikes in the coal mining 
regions of Ohio and Pennsylvania which continued almost with- 
out interruption from 1869 to 1881, and the great railroad 
strikes of 1877. Riot, and destruction of lives and property, 



''' Pennsylvania, State Legislature, Joint Committee anpointed in 1878 to 
•'examine Into all the circumstances attending the late disturbances of peace 
known as the railroad riots . .". For extensive extracts from 

the report of this committee see Pennsylvania, Bureau of Industrial Statistics,' 
Beport, 1880-81, 322 ff. 

4 [49] 

MiOI^RTY OF LIBRARY 

WW YOI«( STATE mmi G'723G 

CORNELL UNIVERSITY 



60 BULLETIN OF THE UNIVERSITY OF -WISCONSIN 

and the intervention of the military power of the states and the 
federal government figured in these labor troubles and made 
them the most disastrous as well as tragic of any in our his- 
tory.^'^^'jBut even in the less disastrous strikes and lockouts there 
was an intensity of feeling and a determination on both sides 
to win at any hazards which would stamp this period as one 
of industrial turbulence even were the mining and railway 
troubles eliminated. Disputes which resisted all attempts at 
settlement until they resulted in the destruction of the local 
union or the bankruptcy of the employer were of frequent oc- 
currence. 

In 1863, a wool hat manufacturer of Brooklyn became a 
bankrupt through his effor-ts to break up the local union of the 
"Wool Hat Finishers' Association.^" On the other hand, in the 
same year, manufacturers in hyan and Charleston, Massachu- 
setts, succeeded in breaking up the local unions of the Morocco 
Finishers who had gone on strike for the purpose of enforcing 
union rules. In 1867, the local union of Iron Molders at Pitts- 
burg was completely broken up. Endorsed by the Molders' In- 
ternational Union they went on strike against a 20 per cent re- 
duction in wages. Donations to the amount of $40,000.00 from 
the International Union and from outside sources enahled them 
to hold out, and they expended $18,000.00 in building a foundry 
to be run on the cooperative plan. The enterprise was a fail- 
ure and at the end of nine months they returned to work for 
their old employers on the condition that they would sever all 
connection with their union.^° In a strike of coal miners at 
Braidwood, Illinois, in the same year, Bohemians and ItaUans 
were imported to take the place of the strikers ;^^ and in 1870, 
in a shoe factory in North Adams, Massachusetts, the proprietor 



" For contemporary statements see : Dacus, J. A. Annals of the Great 
^trlJees in the Umted States; a ReliaMe History aftiJ GrapMo 'D'vsdription of 
the Causes and ThraUng events of the LaTior Strikes and Riots of 1877, 
"'-^, Chicago, 1877 ; Martin, E. W. History of the Great Riots: Being u. Full and 
Authentic Account of the Strikes and Riots on the Yarious Railroads of the 
United States in the Mining Regions . . . together with a Full History 
of the MolUe Maguires. Philadelphia, (1887) ; Philadelphia and Reading Rail- 
road Co. Statement to the PuMlo, 1877. 

21 McNeil!, George B. The Lahor Movement, 394. 

=» Massachusetts, Bureau of Statistics of Lahor, Eleventh Annual Report 19. 

» McNeill, George E. The Later Movement, 258. 

[50] 



SCHAFFNEE LABOE CONTEACT 51 

imported Chinese to take the place of his former employees who 
insisted on belonging to the Order of St. Crispin, a strong or- 
ganization of boot and shoe workers at that time.^'' These il- 
lustrations are merely typical of hundreds of disputes which 
were being waged in practically every large industry in the 
country. The records of the Sons of Vulcan show that there 
were 87 legalized strikes within their jurisdiction from 1867 to 
1875. From 1871 to 1875 there were 78 strikes under the aus- 
pices of the Cigar Makers' International Union; and in his 
annual report for 1879, the president of the Amalgamated As- 
sociation of Iron and Steel Workers said: — "The history of the 
association furnishes no parallel to the past year for strikes and 
disputes. We have not been without a strike for a single day 
in the year." There is no doubt but that both parties to all 
of these controversies have sufficient grievances to justify their 
action in their own eyes. Meanwhile the general public suf- 
fered. 

The strikes and lockouts which characterized this period were 
mainly fought out in industries which had advanced to a marked 
degree of concentration. Gradually the working men learned 
the necessity of adjusting their organizations to the, exigencies 
which confronted them and the development of strong trade 
unions to offset the strength of the employer at the head of a 
consolidated industry finally brought the contending parties to 
the point where sheer exhaustion compelled them to meet each 
other in a business-like way for the settlement of disputes in 
joint conferences. Through hard-earned experience the mut- 
ually exhausted parties began to reach the stage where they 
were able slightly to appreciate each other's view-point. Even 
in the early part of this period the uncompromising attitude 
of employers and employees occasionally gave way to reason 
and mutual concessions, and we can trace back many of our 
systems of collective bargaining to their small beginnings, in 
the appointment of conference committees during this period 
of storm and stress. 

The various devices which had been adopted before 1886 to 
secure concert of action between employers and employees served 



=" Massachusetts, Bureau of Statistics of Labor, Eleventh Annual Report, 28. 

[51] 



52 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

to open the way for the systems of collective bargaining which 
have been developed since that time. The Federation of Organ- 
ized Trades and Labor Unions,^^ established in 1881, also helped 
to strengthen the separate unions in their efforts to combine 
the workmen of the several trades into effective organizations 
for collective action. 

It must not be forgotten that the systems of collective bar- 
gaining established before 1886 were of a tentative, rather than 
of a permanent, nature. But the important thing to consider 
is that our older industries had reached the stage where it was 
possible for representatives of employers and employees to con- 
fer with each other in a business-like way. A feeling of mut- 
ual respect and a willingness to make mutual concessions was 
also coming into evidence and presaged the possibility of more 
harmonious relations for the future. 

Testimony to this new spirit in industry was given by Abram 
S. Hewitt, vice president of the Iron and Steel Manufacturers' 
Association, in a lecture which he delivered in Cincinnati in the 
spring of 1882. In speaking of labor organizations, Mt. Hewitt 
said: — "Labor is thoroughly organized and marshalled on the 
one side, while capital is combined on the other. . . . The 
contending forces are thus in a condition to treat. The great 
result achieved is that capital is ready to discuss. It is not to 
be disguised that until labor presented itself in such an atti- 
tude as to compel a hearing, capital was not willing to listen, 
but now it does listen. The results already obtained are full 
of encouragement: the way to a condition of permanent peace 
appears to have been opened.'"* Mr. Hewitt's statement pre- 
sented a concise view of the position to which labor and capital 
had attained in our older industries; but it was far from rep- 
resenting the condition of affairs on the whole. Similar con- 
tests to those which had been fought out by the older unions 
continued in industries which were still in an earlier stage of 
development. However, the development of boards of arbitra- 
tion and conciliation within the trade proceeded at such a rapid 
rate in our older industries that the movement toward col- 



s' Reorganized as the American Federation of Labor in 1886. 
" Quoted In tlie Cigarmakers OfUcial Journal, April 15, 1882. 



[53] 



SCI-IAFFNEE LABOB CONTEACT 53 

leetive action and the development of systems of collective bar- 
gaining became the characteristic features of the labor move- 
ment for the next two decades. 

Larger Scale ProdMcUon. (About 1886-1902.) The last two 
decades of the 19th century were marked not only by continued 
concentration in industry, but also by the integration of allied 
industries into consolidated business units. The effect upon 
labor organizations early became apparent. The concentration 
of industry into larger and larger business units extending over 
constantly widening competitive areas favored the organization 
of labor along the lines of trade autonomy and resulted in the 
formation of national and international unions. This form 
of organization protected both employers and employees from 
competitive pressure where both parties felt it keenly. On the 
side of labor widely extended organization based on trade au- 
tonomy lessened the competition of workingmen in the same 
employment while for competing employers conditions were 
more nearly equalized as regards the cost of labor. 

After 1886 marked progress was made in perfecting the sys- 
tems of collective bargaining established in our older indus- 
tries and joint conference committees also developed in some 
of our newer industries which have shown a tendency toward 
rapid concentration or which employ large bodies of workmen 
under the same general management. Where the conditions of 
industry admit of wide-reaching organization and collective 
action on the part of both employers and employees local sys- 
tems of collective bargaining have shown a tendency to de- 
velop on a national scale. If the history of our older indus- 
tries has any significance it is only a question of time until the 
informal conferences and the temporary arbitration committees 
now found in our newer industries will develop into regular 
joint conference systems. 

We thus pass from the stage of individual industry and indi- 
vidual contract to the stage in which reciprocal rights and obli- 
gations in the employment relation are largely determined 
through wide-reaching systems of collective bargaining. 

Gradually, the stage of individual industry has given way 

[53] 



54 BULLETIN OF THE UNIVEESITY OF ■WISCONSIN 

to that of organized industrial activity. More slowly the indi- 
vidual labor contract is giving way to the collective agreement. 
Still more slowly, but yet withal surely, an awakening public 
conscience is beginning to recognize that ethical ideals in in- 
dustry can be realized only when reciprocal rights and obliga- 
tions between employer and employee are constantly adjusted 
to an ever changing and expanding industrial life. 



[54] 



SCHAPFNEE LABOR CONTEACT 55 



CHAPTER III 
FROM INDIVIDUAL TO COLLECTIVE BARGAINING 

Stages in the Development of Collective Action 
Summary of the General Movement 

The close connection between the change from the individual 
workshop to large scale production and the change from the indi- 
vidual contract to collective bargaining is apparent even in a 
brief survey of our industrial history. 

The general features of this development are at times plainly 
outlined by a succession of events all tending to emphasize the 
prevailing tendency of the period. Again they are obscured by 
a mass of divergent interests and conflicting phenomena which 
seem to defy any attempt to characterize prevailing conditions. 
Yet throughout aR the succession of events there is found active 
the principle of organization which gradually transformed a 
simple domestic system into a complex industrial society. 

The successive stages in the development of collective action 
between employer and employee attain a new significance when 
viewed from the standpoint of the evolution of industry. Viewed 
from this standpoint we no longer look upon industrial society 
as fixed in rigid grooves of custom and tradition but as respond- 
ing to forces which bring about constant modification. In the 
process of adjustment the stress of the occasion may cause the 
destruction of worn-out forms and inadequate philosophies, 
but adjustment is the price which must be paid for the sake 
of a more complete economic life. 

In the evolution from a simple to a complex economic life, 
indi^istrial society in the United States has had ample oppor- 
tunity to test its capacity for adjustment to changing conditions. 
That this adjustment has at least in art taken place, a brief sum- 

[55] 



56 BULLETIN OF THE UNIVEKSITT OF WISCONSIN 

mary of changes affecting the employment relationship will indi- 
cate. 

Customary Begulation. Beginning with the period of indi- 
vidual workshops under domestic industry, the employment re- 
lationship was defined by the individual contract. Customary 
regulations protected the interests of master and workman and 
the rights and obligations of each were usually adjusted in the 
light of reciprocal advantage. 

The Beginnings of Orgamzaiion. (About 1796 — 1830.) With 
the growth of the factory system and the consequent organiza- 
tion of our industries on a larger scale, the old personal rela- 
tionship between employer and employees gradually disappeared. 
Competitive conditions began to bear heavily upon employers 
and the reduction of wages offered a tempting field for economies 
in production. Employers inclined to continue customary con- 
ditions had to meet the competition of other employer-s in the 
sale of their product, while the workman long secure in the 
market for the sale of his labor began to feel the pressure of the 
competition of workers available from larger competitive areas. 
This two-sided competition changed the old condition of pro- 
duction and disturbed the customary relations between employer 
and employee. Confronted with the new conditions, the work- 
men of the time sought to realize some of their old time strength 
and importance by united action against common grievances. 
Largely unconsciously to meet the exigencies of particular occa- 
sions, workingmen developed the rudiments of organization. The 
development of labor organizations as militant bodies for the 
purpose of securing a larger share in distribution can usually 
be traced in particular employments to periods in which cus- 
tomary conditions were disturbed by concentration in industry. 

Weak Organizations. (About 1830 — 1861.) The extension of 
the competitive field through the development of transportation 
and communication widened the scope of operations for the 
successful employer while the relative position of employees 
in such industries was weakened. The subsequent organization 
of local into national bodies on the part of trade unions again 

[56] 



SCHAFPNEE LABOR COKTEACT 57 

helped to equalize conditions in our larger industries and put 
labor into a more advantageous position for bargaining with 
employers. 

Orgamzation and Conflict. (Alout 1861 — 1886.) The rapid 
growth of industries after the Civil War and the consolidation 
of separate plants into single business units confronted labor 
unions in their efforts to secure a larger share of the output. 
With strong organizations on both sides a period of storm and 
stress invariably followed the attempt of either side to gain any 
advantage. New factors which made conditions more difficult 
for both sides were also making themselves felt in industry. 
Employers were hard pressed by ruinous competition in prices, 
while laborers were threatened with a lower standard of life 
from the pressure of foreign immigration. The difficulties of 
the situation led employers to resist what they deemed untimely 
"interference with their own business" by labor organizations 
while employees backed up their demands with wide-reaching 
strikes. The uncompromising attitude of both sides in the em- 
ployment relationship resulted in strikes and lockouts which 
characterized this entire period as one of unusual industrial 
turbulence. Employees denounced combinations of capitalists 
for "conspiring to destroy labor." Employers refused "recog- 
nition" to unions which were constantly growing more insistent 
in their demands. 

Recognition. (About 1886-1902.) Nevertheless, organization 
on both sides continued and, finally, after each side had learned 
the strength of the other through hard-earned experience, the 
two parties to the labor contract reached the point where they 
were ready to treat with each other on a basis of mutual respect. 
Joint conference systems developed in numerous industries which 
had reached the stage of large scale production, — ^wide-reaching 
industrial organization on the part of employers gradually 
bringing them to the view-point where they were willing to 
concede a measure of organization to employees. 

A striking feature of the last two decades of the nineteenth 
century was such an extension of labor organization over wide 
competitive areas that employers were in their turn outclassed 

[57] 



68 BULLETIH" OF THE TJNIVBESITY OF WISCONSIIir 

in many industrial disputes on account of the compact organi- 
zation of entire groups of laborers in similar industries. Tliis 
wide-reaching organization of employees bound together by 
various ties of amalgamation and federation encouraged a corre- 
sponding development of employers' associations organized for 
the express purpose of meeting the strength of organized work- 
ingmen in determining the conditions of employment. This 
final development of federated groups of labor, organized pri- 
marily along tL^ line ^f trade autonomy with a secondary or- 
ganization of groups of allied workers in the same industry for 
the purposes of collective bargaining, brings us to the most 
characteristic tendency of the labor movement of the present 
day. However, a comparative analysis of labor organizations in 
different industries brings us face to face, with the fact that it 
is only in our older industries that this complex form of organi- 
zation has been quite generally evolved. 

Comparison of Trades in Various Stages 

The various forms of collective action existing in our indus- 
tries at the present time portray every stage of development. 
Certain trades are entirely unorganized, others have reached the 
stage of strong local organization, while still others have de- 
veloped collective bargaining upon a national scale. In a still 
further stage of organization are those complex systems whether 
local or national in which the form of bargaining has united 
the characteristic features of both trade autonomy and industry 
autonomy into a federate or group autonomy. This method of 
bargaining, adapting itself to the prevailing form of organiza- 
tion in industry, is found especially weU developed in the print- 
ing and in the building trades. 

In the printing trades the splitting^ off of specialized groups 
of workmen from the parent body of the International Typo- 
graphical Union gave rise in turn to separate unions for print- 
ing pressmen, for bookbinders, and for similar groups. These 
special organizations while having many separate interests, still 
retain many matters in common with other crafts in the print- 
ing industry and on the basis of these common interests they 
have entered into agreements in which common interests are 

[58] 



SCHAFFNEE LABOE CONTEACT 59 

settled while separate matters are left for separate adjustment 
by each craft. 

In the less specialized stage of printing, one organization 
based on the idea of trade autonomy was inclusive enough to 
unite practically all the workmen in the industry. With the 
separation of processes in the trade new crafts arose and on the 
basis of common interests new unions were formed; but the 
industry itself, while constantly differentiating into various de- 
partments, still presented business units within 'which the various 
processes were grouped under unified ownership, and so the 
separate unions formed on the ground of the differences in their 
several crafts were obliged to re-unite to meet the strength of 
common employers in bargaining. 

This development in the printing industry shows trade au- 
tonomy and industry autonomy merging into a more complex 
group autonomy in which the principles of both ideas are 
united for effective collective bargaining. 

The building trades afford another illustration of the organi- 
zation of labor primarily along trade autonomy lines with a 
secondary organization of groups of allied trades into councils 
which aim to cover the main operations in the entire building 
industry in a given locality. 

The printing and building trades are merely typical illus- 
trations of labor organizations adapting themselves to complex 
conditions. Where industrial organization has become highly 
specialized and complex, trade autonomy and industry autonomy 
have shown a tendency to merge into the more highly organized 
form of group autonomy. 

Among other wide-reaching systems of collective bargaining 
are those found in the metal and machine working trades; in 
transportation; in mining; in the glass and pottery trades; in 
wood working; in the textile, clothing, and allied trades; in 
cigar making and tobacco working; in retail clerking; and 
in about a score of miscellaneous trades the chief of which in- 
clude the following workmen : bakers and confectioners, brewery 
workmen, butchers and meat-cutters, electrical workers, hotel 
employees and bar tenders, leather workers, stationary firemen, 
horse shoers, team drivers, letter carriers, stage employees, mu- 
sicians, and newspaper writers. 

[59] 



60 BULLETIH" OF THE UNIVBBSITY OF WISCONSIN" 

The systems of bargaining for these various groups differ 
as greatly as do the industries within which they are found. 
Confronted with this fact the question arises, v/hat is the basis 
upon which these varying forms of organization rest 1 Why do 
certain industries present wide-reaching systems of bargaining 
in which employer and employee meet on the common basis of 
thorough organization on each side while others have developed 
but fragmentary forms of collective action ? Again, why do cer- 
tain industries retain the individual form of contract long after 
concentration in industry enables the employers to act collec- 
tively in determining the conditions of the labor contract 1 Or, 
why does the opposite condition prevail in certain industries 
where strongly organized unions are able to fix conditions of 
employment without due consideration to the rights of em- 
ployers? Why is the degree of organization in many indus- 
tries so unequal, as between employer's and employees, that bar- 
gaining upon the basis of mutual rights and obligations is im- 
possible? Accurate conclusions on these questions cannot be 
reached without a comparison of the various stages of collective 
action in separate industries. 

Stages of Collective Action in Separate Industeies 

While the close connection between the organization and con- 
centration of industry and the evolution of collective action 
on the part of labor is apparent even in a general historical 
survey of our industrial development, the real significance of the 
changes in the labor contract does not appear unless those 
changes are co-ordinated with the development in our separate 
industries. If there is any one thing above all others which a 
careful study of our industrial history reveals, it is the fact 
that our different industries have been developed at different 
periods in our national life and that the relation between em- 
ployer and employee in any industry at any given time has in a 
large measure been dependent upon the stage of development 
which that particular industry has reached. 

While there is a general chronological development, one might 
as well attempt to assign the stone age in the industrial evolu- 
tion of different races, to the same chronological time as to 

[60] 



SCHAFFNEE LABOR CONTEACT 61 

attempt to fix chronological periods for the entire group of our 
industries in their separate development from individual toward 
collective action. 

This becomes apparent when we remember that our different 
industries have presented the various stages of progress, from 
individual to associated action, in practically every decade of 
our history. Even in the early stages of our history we have 
found cer-tain industries in a relatively high state of organiza- 
tion, and in succeeding decades we find industries in their in- 
fancy along with those which supply the markets of the world. 
Corresponding with this variety of industries, we have found a 
diversity of relations between employers and employees. This 
diversity existing in our different industries at the same time 
has tended to obscure the general trend of progress in the em- 
ployment relationship. Where all the various stages of develop- 
ment are found co-existing, it is difficult to distinguish the older 
from the newer phases, and the process of our growth has been 
so complex that an historical analysis is necessary to reveal the 
trend of our industrial forces. 

Yet when we trace the changes in the labor contract in its 
transition from an individual to a collective basis and co-ordi- 
nate those changes with the corresponding changes as they took 
place in our separate industries, we find that throughout all the 
succession of events there is a general thread of connection which 
not only suggests but compels a recognition of a causal connec- 
tion between the transition from individual to organized in- 
dustry, and the change from the individual contract to collective 
bargaining. This dependence of collective bargaining upon in- 
dustrial development is illustrated over and over again in the 
histories of our various industries. "We thus find a basis in in- 
dustry for the changes in the employment contract. 

Printing. In the printing industry the nature of the work 
early required the setting up of regular establishments where 
groups of laborers were employed. Organization accordingly- 
developed readily among the journeymen. An account of the 
annual meeting of the Philadelphia Typographical Society given 
in the Philadelphia Aurora in 1803 indicates that there was a 
numerically strong society of typographical workers in that 

[61] 



62 BtTLLETIN OF THE UNIVEESITY OF WISCONSIIT 

city at that date.^ The New York Typographical Society 
founded in 1809,^ was a strong factor among printers in New 
York City for more than a decade. After its incorporation in 
1818, it retained its beneficial features but relinquished active 
aggression in trade matters.^ In 1831 followed the organization 
of the Typographical Association of New York, a society de- 
voted more especially to trade interests. Organization among 
printers extended rapidly throughout the country and local 
societies seem to have sprung up wherever the printing industry 
flourished.* As early as 1816 an attempt was made to unite 
the typographical unions in various parts of the country into 
a "National Union" but on account of objections by the societies 
6f Boston and Philadelphia the plan was not completed.* 
Finally in 1852 the International Typographical Union was es- 
tablished.^ 

The rapid development of the printing industry is evidenced 
by newspaper comment on the growth of various printing estab- 
lishments. In commenting on "printers' enterprize," the Bos- 
ton Transcript of July 8, 1833, quoted the New York Gazette 
to the effect that in the establishment of the Harpers of New 
York there were seventeen presses and one working by horse 
power equal to the work of sis or seven common presses and 
that the persons employed in their stereotyping, printing, and 
book binding department numbered one hundred and forty : the 
comment concludes with the statement, "it was but a few years 
since the Harpers were journeymen printers." Continued con- 
centration in the printing industry throughout a half century 



• PMladelpMa Aurora, Nov. 6, 1803. 

^ See preface to Constitution, By-lams, and Rules of Order of fhe New York 
Typographical Society, Revised March, 1887, New York. 1887. 

» See the corporate charter granted to the Society by the New York Legis- 
lature In 1818. 

* In 1822 a typographical society in Albany, New York, struck on account 
of the employment of a "rat" in one of the printing offices. See Ely, The 
Labor Movement in America, 39. 

In 1832 there were at least two typographical societies In Cincinnati, Ohio. 
The national Intellig'encer of Mar. 9, 1832, in speaking of the members of the 
typographical societies at Cincinnati said, — "the workies" had planned to give 
the annual dinner for their societies at $2.00 per platei, but instead donated 

^ Union Printer quoted in the Cigarmakers' Official Journal, May, 1888. 

» International Typographical Union Official Program, and Souvenir, Golden 
Jubilee Convention, Cincinnati, Aug. 11-16, 1902. 



[62] 



SCHAFPNEE LABOR CONTEACT 63 

enabled the employer to occupy the vantage ground of greater 
relative strength in bargaining. For though the organization 
of employees continued, the development of large establishments 
gave employers with accumulated capital the ability to with- 
stand the demands of their workmen. Conflicting interests gave 
rise to strikes and lockouts and periods of storm and stress usu- 
ally followed the attempts of either side to gain any advantage. 
A typical illustration of the attitude of the two sides toward each 
other is shown by the action of Typographical Union No. 3 of 
Cincinnati in recommending to the Ohio legislature of 1883 the 
enactment of the following clause: "It shall be unlawful for 
any corporation, association, manufacturing establishment, or 
any person acting for them to demand or receive from laborers, 
or those who have been or may be in their employ any written 
instrument or document pledging or attempting to pledge such 
employees to withdraw from membership in any trade union or 
labor organization to which they may belong, or in any manner 
seek to prevent them from becoming members of such organiza- 
tion. All violations of the above to be punished by fine of not 
more than $500 nor less than $100." 

However, during the period between 1880 and 1900 boards of 
arbitration were developed within the trade and regular scales 
of prices were established in many localities.'^ 

In certain large newspaper establishments where the employer 
bargains as the representative of a consolidated industry in 
which groups of allied workers find employment, a tendency 
toward group autonomy has become apparent. This form of 
organization enables the various groups of workmen in the same 
plant to maintain the unions developed along trade autonomy 
lines while it admits of collective action on the part of allied 
groups when bargaining with a common employer.^ 



' See Typographical Union, No. IS, Chicago, Constitution, By-laws, and 
Scale of Prices, adopted July S5, ISSS; and International Typographical Union, 
Constitution and Scale of Prices, 1890, Sees. 88, 89, 90. Compare tlie Agree- 
ment between Chicago Typographical Union Jio. 16, and Allied Printing Trades, 
and the Inter-Ocean Publishing Company, signed March W 1S99; given In ap- 
pendix 9. 

For an Agreement between the American Newspaper Publishers' Association 
and the International Typographical Union adopted in 1902, see appendix 10. 

» S«e appendix 9 for a typical example. 

[63] 



■64 BULLETIN OF THE UNIVBESITY OF WISCONSIN 

The conference" held at Syracuse in 1898 between the com- 
mittee of the United Typothetae" of America and the shorter 
workday committees of the International Typographical Union, 
the International Printing Pressmen's and Assistants' Union, 
and the International Brotherhood of Bookbinders, to consider 
the adoption of a shorter workday furnishes an example of an 
advanced stage of collective bargaining in the printing indus- 
try. The agreement^^ adopted at this conference shows how 
groups of allied workers may unite their strength in contracting 



" See Proceedings of the Conference 'between the United Typothetae of 
America, the International Typographical Union, the International Pressmen') 
■and Assistants' Union, and the International Brotherhood of Bookbinders, Syra- 
cuse, 1898, for an interesting discussion preceding the adoption of the agree- 
ment. 

" The activities of th« Typothetae in several localities are shown in the fol- 
lowing documents ; Typothetae of Buffalo, Report of Secretary, 1S95-96; Typo- 
thetae of MilioauJiee, Organized 1886, Constitution and By-laws, Revised <mi 
Adopted Oct. SO, 189T!; and Typothetae of the City of New York, Shop RuUs ami 
Practices for Offices, together with the Text of Agreements Bearing on the same. 
Revised to Ma/rch 1, 1902. 

" Syracuse, N. T., October 12, 1898. 

This agreement, entered into between the Committee of the United Typothetae 
■of America and the Shorter Workday Committees of the International Typo- 
I graphical Union, the International Printing Pressmen's and Assistants' Union 
' and the International Brotherhood of Bookbinders, provides : 

That the said United Typothetae of America agrees to inaugurate a shorter 
workday on the following basis : The nine-and-a-half -hour day, or the fifty- 
seven-hour week, to commence on November 21, 1898, smd the nine-hour day, or 
fifty-four-hour week, on November 21, 1899. 

That the said International Typographical Union, Internationa! Printing 
Pressmen's and Assistants' Union and International Brotherhood of Bookbinders 
will endeavor in the meantime to equalize the scale of wages in the competitive 
districts where at present there are serious inequalities, upon the basis outlined 
by the representatives of the Pressmen's and Typographical Unions at the Mil- 
waukee convention of the United Typothetae of America. 

Provided, That nothing in this agreement shall be construed or operate to 
increase the hours in auy city where they are now less than those specified. 

Provided, further. That nothing in this agreement shall be construed to pre- 
vent local unions or establishments from mutually arranging the fifty-seven or 
fifty-four hours, respectively, so that Saturdays may be observed as half holi- 
days. 

Provided, also. That wherever the employers of any city will not, prior to No- 
vember 21, 1898, enter into an agreement with the local unions to carry out the 
above mentioned reduction of hours on the dates specified, the said union shall 
not be considered as restrained from endeavoring to obtain from such employers 
the nine-hour day or fifty-four-hour week on any such earlier date as they in 
their Judgment may select. 

Joseph J. Little, Amos Pettlbone, Robert J. Morgan, A. J. Aikens, Edwin Pree- 
gard, on the behalf of United Typothetae of America); 

James J. Murphy, C. B. Hawkes, E. B. Prendergast, David Hastings, G. H. 
Kussell, on behalf of International Typographical Union ; 

James H. Bowman, Will G. Loomis, D. J. McDonald, James A. Archer, Theo. F. 

[64] 



SCHAFFNEE LABOR CONTEACT 65 

with employers who bargain as the representatives of industries 
extending over wide competitive fields.. 

The International Printing Pressmen's and Assistants ' Union," 
the Lithographers' International Protective and Beneficial Asso- 
ciation/^ and the Stereotypers and Electrotypers^* are reaUy 
offshoots from the parent body of the International Typo- 
graphical Union.^^ The Pressmen have a very efficient organi- 



Galoskowsky, oa behalf of Intarnational Printing Pressmen's and Assistants* 
Union ; 

Chas. P. Weimar, Wm. J. O'Grady, on belialf of International Brotherhood of 
Bookbinders ; 

George W. Harris, chairman Special Committee to Milwaukee Convention. 

^' For the general principles of the Pressmen see : The American Pressmcm 
for May and June, 1898, (published in Chicago) ; and from July, 1898, to Aug., 
1899, (published in St. Louis). Also see : Proceedings of the Fourteenth Annual 
Convention of the International Printing Pressmen's and Assistants' Union, held 
at Baltimore, June, 1902. For local constitutions see the Constitution and By- 
laws of New YorJc Pressmen's Union No. 9; instituted Feb. 28, 18SB; revised and 
adopted Jan. 9th, 1887; and the Constitution and By-laws of the Milwaukee 
Feeders', Helpers' and JoT) Pressmen's Union No. in, subordinate to the -Inter- 
national Printing Pressmen's Union of North America, organized March 17, 1896. 

" See : Lithographers' International Protective and Insurance Association of 
the United States and Canada, Constitution of the General Association and the 
Subordinate Associations, adopted 1888; and Lithographers' International Protec- 
tive and Beneficial Assodatiiin of the United States and Canada, Constitution 
of the General Association, the Subordinate Associations and the General Presi- 
dent's Decisions, July %Sd, 1901, New York, 1901. 

'• For the forms of organization among stereotypers and electrotypers see : 

Stereotypers' and Electrotypers' Union No. 1, of New York and Tiainity (un- 
der the 'jurisdiction of the Internal lonixl Typographical Union of North Amer- 
ica), organised Aug. 2ith, 1885. Constitution and By-laws, 1885. 

New York Stereotypers' Union, founded Sept. 8, 18es-0ct. 7, 1885; amalgamated 
Oct. 17, 1888. Constitution and By-laws Revised June, 189S. 

Stereotypers' Union No. i. International Typogra/phical Union of Chicago. 
Constitution and By-laws Revised August, 189S, and Agreement made November 
SI, 1896. 

"" For a brief suryey of the International Typographical Union compare the 
following documents : 

Report of Proceedings of the Annual Session. Indianapolis, 1885-1902 : Re- 
ports of Officers of the Session. Indianapolis, 1900-2 ; Constitution, By-laws 
and General Laws of the International Typographical Union, amd Union Printers' 
Home. Indianapolis, 1902. 

For recent history of the Typographical Union see TypograpMcal Journal, 
Feb. 1897-June 1899. 

For local constitutions and rules compare the following: 

IndiOMapolis Typographical Union, No. 1. Constitution, By-lams and Scale of 
Prices adopted July 1, 1900. 

New York Typographical Union, No. 6. Constitution and By-laws, revised 
and adopted Feb. 189^. Same, revised and amended to Aug. 6th, 1899, together 
with rules of order, etc. Same, r^evised and amended to Aug. S, 190il. 

Chicago TypograpMcal Union, No, IS. Constitution and By-laws, adopted 
Deo. SI, 1899. 

5 [65] 



66 BULLETIN OP THE UNIVEESITY OF WISCONSIN 

zation, and, in addition to the local agreements which prevail 
generally throughout the trade, they secure general agreements in 
connection with the Typographical Union and the Brotherhood of 
Bookbinders. The Lithographers sometimes form local agree- 
ments and the Stereotypers have had a system of joint agree- 
ments for several year-s. In 1901, for the sake of making the 
local agreement system more effective, the International Typo- 
graphical Union and the American Newspaper Publishers ' Asso- 
ciation entered into a joint agreement and established a national 
system of arbitration.^" 

The success of the workmen in the printing industry in estab- 
lishing strong systems of collective bargaining is undoubtedly 
largely due to the form of organization developed. Organized 
primarily along trade autonomy lines the various groups of 
workmen frequently unite for the purpose of making general 
agreements with common employers. By thus uniting the char- 
acteristic features of trade autonomy and of industry autonomy, 
the allied printing trades illustrate a form of group autonomy 
closely adjusted to the complex organization of modern in- 
dustry. 

Building Trades. In the building trades, elaborate systems of 
collective bargaining have been in operation in some of the trades 
for many years. 

The early history of organization in these trades is somewhat 
obscure. However, there seems to be good evidence that house 
carpenters were organized as early as 1806, while the ship car- 
penters had been incorporated in New York in 1803. An adver- 
tisement in the Philadelphia Aurora for October 24, 1803, indi- 
cated an active demand for "mechanics, particularly carpen- 
ters, bricklayers, paintera, and plasterers." But the fact that 



Cream City Typographical Union, No. 2». Constitution and By-laws, adoptei 
June 19th, 1881; revised Nov 5th, I88g. Milwaukee, 1883. 

Columbia Typographical Union, Constitution, By-laws, and Scale of Prices 
in force Oct. 15, 1887. Wash. 1887. 

OolumWa Typographical Union, No. 101, Teartook, Wash. 1902. 

Madison, Wis. — Typographical Union, No. SIS, Scale of Prices on Morning 
Newspapers, adopted Dec. 2, 1892. 

" See appendix 10 for the Agreement adopted in 1902. Also compare the 
Agreement Vetween the Chicago Typothetae and Chicago Typographical Pwioij.,, 
No. 16: JoT) and Book Scale of Prices. Chicago, 1902. 

[66] 



SCHAFFXEE LABOB CONTRACT 67 

the rough hewn houses of the time were frequently constructed 
by the owner left less room for specialization in the building 
trades than in other industries which had reached the stage of 
collective production. 

However, with the increase in ship building, the ship carpen- 
ters began to look upon themselves as a distinct craft and it was 
in this branch of carpenter work that the beginnings of organi- 
zation in the building trades were first nourished. From 1825 
to 1830 there were numerous strikes by the ship carpenters 
along the Atlantic Coast for a ten-hour day. The strike of the 
Boston shipwrights and calkers in 1832, to reduce their hours 
from 14 to 10 was an important strike in the ten-hour move- 
ment ; but its chief interest for our times lies in the spirit which 
was exhibited on the part of the employing merchants and the 
general public. One of the Boston daily papers commented on 
the situation as follows : — ' ' Had this unlawful combination had 
for its object the enhancement of daily wages, it would have 
been left to its own care; but it now strikes the very nerve of 
industry and good morals, by dictating the hours of labor, abro- 
gating the good old rule of our fathers, and pointing out the 
most direct course to poverty ; for to be idle several of the most 
useful hours of the morning and evening will surely lead to in- 
temperance and ruin. . . . The course which the persons 
alluded to are thus pursuing will tend to lose them the respect 
not only of the merchants, their direct employers, but of all 
members of the community, and finally of themselves. ' ' Mean- 
while, representatives of 106 merchants and ship owners of 
Boston held a meeting in which they voted. — "to discountenance 
and cheek the unlawful combination formed to control the free- 
dom of individuals as to the hours of labor, and to thwart and 
embarrass those by whom they are employed and liberally paid." 
The report of their meeting also sets forth "the pernicious and 
demoralizing tendency of these combinations, and the unrea- 
sonableness of the attempt, in particular, where mechanics are 
held in so high estimation, and their skill in labor is so liberally 
rewarded." Finally, this combination of employers decides, 
"We will neither employ any journeyman who at the time be- 
longs to such combinations, nor will we give work to any 

[67] 



'68 BULLETIN OF THE UNIVEESITT OF -WISCONSIN 

master mechanic who shall employ them while they continue 
thus pledged to each other and refuse to work the hours which 
it has been and is now customary for mechanics to work. ' '" The 
combination of merchants was successful and the old hours of 
labor remained. This contest was only one of many similar 
/ones in which the public and the courts could see no objection to 
\.J employers combining to accomplish their ends, but condemned 
combinations of workmen as unlawful conspiracies. 

In the decade from 1825 to 1835, the carpenters and masons 
also engaged in numerous strikes for a shorter workday. How- 
ever, they were unsuccessful and the workday remained 
"from sun to sun." Nevertheless, their aggressiveness con- 
tinued and the National Intelligencer of January 13, 1832, indi- 
cates that workmen in the building trades were "praying for 
the passage of a lien law. ' ' 

The growth in local unions encoui-aged efforts toward national 
organization^ among earenters in 1854 and again in 1867. 

At the present time two strong organizations, the Amal- 
gamated Society of Carpenters and Joiners^' and the United 
Brotherhood of Carpenters and Joiners,^" divide the allegiance 
of the craft, the former dating its origin from 1860, the latter 
from 1881. The carpenters and joiners have not been as suc- 
cessful in maintaining peace as have some of the other labor 
organizations in the building trades. ^^ Their systems of bar- 
gaining are not as general as those found among the bricklayers 
and their joint agreements have too frequently been dictated 
by one side or the other rather than secured through mutual 
conference and mutual concessions on the part of employer and 
employee. Nevertheless, substantial gains toward better condi- 
tions in the trade have been made. 



" Compare McNeil!, George B. The Labor Movement . . 80, 81, and 

340. 

" Circular statement issued ty tlie Brotlierhood of Carpenters and Joiners. 

^'The Amalgamated Society of Carpenters and Joiners, Established June kfh, 
tS60; Amended Rules as Adopted . . . m October, 1892, to Come in:o Operth 
Hon on jiiairch 1st, 1S9S, American Edition. Manchester, 180:5. 

*> United Brotherhood, of Carpenters and Joiners of America, Constitution,' 
and Rules for Local Unions under its Jurisdiction. Established Aug. n, 18S1, 
Constitution as Amended . . . 1896/ Adopted by Vote of Local Unions, 
. . . 'Went into effect Jan. 1, 1897, Phlla. 1897. 

^ See Un/ited Brotherhood of Carpenters and Joiners, Report of Secretary, 
Annual Convention, 1S98. 

[68] 



SCHAFPNBE LABOR CONTKACT 69 

Early methods for handling trade disputes are outlined in 
the constitution of the Brotherhood for 1882, article 11, which J 
reads in part as follows: Section 1. "Whenever a dispute 
arises between an employer or employers and members of this 
Brotherhood, the members shall lay the matter before the local 
union which shall appoint an arbitration committee to adjust 
the difficulty. Then if said committee cannot settle the dispute 
the matter shall be referred to the union. If a two-third vote 
by secret ballot of the members present in such meeting shall 
decide that the members be sustained, then the corresponding 
secretary shall be ordered to transmit a detailed account of 
the grievance to the general secretary and shall forward the 
same to the executive board for their consideration." Section 2. 
"In case the executive board shall deem the grievance of suffi- 
cient character, the president shall send the district organizer 
to said city and cause a thorough investigation to be made. 
The district organizer shall transmit a detailed report of his 
finding to the executive board. If said board deem the griev- 
ance of sufficient cause . . . they can declare a strike, pro- 
vided the local union has acted in conformity with Section 1, 
of this article." Section 3. "The executive board shall then 
have the power, if they deem advisable, to declare a strike. The 
General Secretary shall notify the local unions within five days 
whether the strike or lockout is sanctioned. ' ' Section 5. "In case 
the executive board fails to sanction any difficulty within five 
days, the local union can appeal to a general vote of all local 
unions. The general president shall submit the appeal to a 
vote to the local unions which shall be returnable within fifteeui 
days after date of issuing circulars. ... If the appeal ir 
sustained the general president is to proceed as this constitution 
directs. ' ' 

The application of these general principles of the Brotherhood 
to local conditions is illustrated in the local rules adopted at 
Cleveland in 1885; article 12, section 1 reads: "When griev- 
ances arise in shop or on work whether on account of wages or 
. . . time, or any other cause, the member or members must 
bring such grievances before the union in writing. If the griev- 
ance be deemed a just cause of complaint by the union, the 
President shall appoint an arbitration committee to settle if pes- 

[69] 



70 BULLETIN OF THE XfWIVEESITT OF WISCONSIN 

sible the matter referred to them and to report at the next stated 
meeting. The committee failing, the union shall take such 
course as they may deem necessary. . . . Section 2. It 
shall require a two-third vote of all members present to adopt 
measures to obtain a general advance of wages . . . the 
same vote to accept the least reduction and the secretary shall 
notify all members at least two weeks previous, when an in- 
crease or decrease is contemplated." 

The local agreement in force in Chicago during 1890 between 
the Boss Carpenters and Builders' Association and the United 
Carpenters' Council,^^ illustrates a stage of collective bargain- 



22 To the Boss Carpenters and Builders' Association and tlie United Carpen- 
ters Council and Unions by them represented : 

The arbitration committees appointed by your respective associations, with 
power to act, with the umpires selected, have agreed, In order to settle the 
pending carpenters' strike, and also to prevent strike"? and lockouts in the fu- 
ture, upon the following basis of settlement : 

1. That the working day shall be eight hours. 

2. That the pay shall be by the hour, and the minimum rate of wages shall 
be thirty-flve cents an hour until the first day of August next, and from and 
after that date thirty-seven and one-half cents per hour. 

3. That each of the above associations, the Boss Carpenters and Builders' 
Association and the United Carpenters' Council, shall, at its annual meeting in 
the month of January, elect a standing committee of arbitration consisting of 
five members, to serve for one yean ; but each of the present committees on 
arbitration shall continue in office until the election of its successors in January 
next. The president of each organization shall be ex-offlcio a member of said 
committee of five members. He shall be chairman of such committee, and in 
his absence the committee may delegate one of its members to act in his place ; 
but the present arbitration committees may elect its own chairman, and the 
two committees an umpire to act in joint arbitration. Within one week after 
the election of such standing committee the president of the association shall 
certify to the other association the fact that such standing committee has been 
regularly elected, and the names of the members thereof. When notice of the 
election of the standing committee of arbitration shall have been received by 
the associations respectively, as soon thereafter as practicable, and in the same 
month of January, the two committees shall meet and proceed to organize into 
a joint committee of arbitration by the election of an umpire, who is neither a 
mechanic nor an employer of mechanics. The umpire, when present, shall pre- 
side at the meetings of the Joint committee, and have the casting vote on all 
questions. Seven members, not including the umpire, shall constitute a quorum 
of the joint arbitration committee, and In case of the absence of any member 
the chairman of his committee shall cast the vote for such absent member. A 
majority vote shall decide all questions. The joint committee of arbitration 
shall hear all evidence of complaints and grievances of a member or members 
of one association against a member or members of the other ; or of one asso- 
ciation against the other, referred to it by the president of either association, 
and shall finally decide all questions so submitted, and certify such decision to 
the respective associations. Work shall go on continuously and all parties in- 
terested shall be governed by the award or decision rendered, provided, however, 
that work may be stopped by the joint order, in writing, of the president of the 

[70] 



SCHAFFlirEB LABOE CONTEACT 71 

ing in which the "regulations" of the employers and the "work- 
ing rules" of the employees are modified by mutual concessions 
and are made the basis of settlement of differences which threat- 
ened peaceful relations. 



respective associations, until tlie decision of tlie joint arbitration committee is 
obtained. The worlsing year shall commence on the first of April of each year 
and end on the thirty-first day of the next March, and the joint arbitration com- 
mittee shall have the exclusive power to determine and definitely fix, from year 
to year, all working rules. It shall have the exclusive authority to determine 
any and all other subjects in which both organizations are interested wfiich may 
be brought before such joint arbitration committee by either association, or the 
president thereof. Working rules are all rules governing employers and workmen 
at work, such as the establishment of a minimum rate of wages to be paid 
practical journeymen carpenters per hour ; a uniform pay day ; the number of 
hours to be worked per day ; the time of starting and quitting work ; the re- 
muneration for work done over-time and Sundays, and other questions of like 
nature. The number of apprentices being a matter of joint interest to both 
journeymen and employers, the joint committee on arbitration shall have power 
to decide, from time to time, the number of apprentices which employers shall 
take into service. This article shall be incorporated into the constitution of 
each association, the United Carpenters' Council and the Boss Carpenters and 
Builders' Association, with the provision that it shall not be repealed or amended 
by either association except upon six months previous notice given to the other 
association, and such notice, it is asreed, shall not be given until all honest 
efforts to settle the grievance or difficulty shall have been made. 

4. FoKEMEN — All working foremen shall be selected by the contractor and 
shall be his representative, but members of the Carpenters' Council or of any 
union connected therewith, acting as such working foreman, shall not be subject 
to the rules of the Carpenters' Council or of any such union, while employed 
in that capacity, but he shall be entitled to all the benefits of his council fcr 
union as long as his assessments and dues are paid ; provided, also, that a su- 
perintendent, inspector or overseer, who does perform the duties and labors 
of such working foreman, shall not be classed as a working foreman. 

5. Appeentices — The members of the Boss Carpenters and Builder's Associa- 
tion to retain all apprentices now under service ; each contractor to furnish 
the Carpenters' Council, within thirty days, a list of such apprentices, with a 
certificate that they were such on May 3, 1890, and until otherwise provided 
by the committee on arbitration, each contractor to take into service one 
apprentice each year, but all apprentices desiring so to do shall be permitted to 
join any association or union of journeymen carpenters. The term for appren- 
tices to be three years, and no person to be taken as an apprentice who is over 
nineteen years of age ; provided, however, that nothing in this article shall be 
construed as interfering with the right of the contractor or employer to teach 
his trade to his own sons, and they shall not be included in the number of 
apprentices above provided for. 

6. New Memeeks — That the Boss Carpenters and Builders' Association and 
the United Carpenters' Council and unions they represent shall, until the first 
day of June next, admit any person of good character to membership on the 
same terms as their present constitution and by-laws now provide. 

7. JonENEYMBN — The Carpenters' Council will furnish journeymen to any 
contractor or association of contractors who will sign a written agreement that 
the party applying for journeymen will in his work adopt the 8-hour workday, 
and pay at least the minimum rate of wages agreed upon between the Boss 
Carpenters and Builders' Association and the United Carpenters' Council, and 

[71] 



12 BULLETIN OF THE TJNIVEESITT OF "WISCONSIN 

In the platform of the Carpenters' and Builders' Associa- 
tion of Chicago^^ in 1891 the employers set forth the following 
purposes of the organization: "We, the master carpenters and 
manufacturers of wood building materials, of Chicago, for the 
purpose of uniformiiy of action in regard to matters involving 
our mutual interests do hereby form ourselves into an associa- 
tion and adopt the following constitution and by-laws. . . . 



"We affirm that absolute personal independence of the indi- 
vidual to work or not to work, to employ or not to employ, is 
a fundamental principle which should never be questioned or 
assailed; that upon it depends the security of our whole social 
fabric and business prosperity, and that employers and work- 
men should be equally interested in its defense and preser- 
vation. We recognize that there are many opportunities for 
good in associations of workmen, and while condemning and 



will in all respects abide by and conform to the working rules adopted by said 
associations ; also, that such party will abide by any agreement, decision or 
award made or to be made by the joint arbitration committees of said two as- 
tsociations ; also, that in case of any difficulty or trouble arising in the prosecu- 
tion of any work that cannot be settled by the working foreman and employer, 
such difSculty or troub'e shall be referred to said joint arbitra,tiou committee, 
and all parties shall abide by its decision or award. 

8. Working Roles — The following working rules, to he enforced until tlie 
joint committee on arbitration shall fix others, are adopted : 

1. Bight hours shall constitute a day's work, beginning at 8 a. m. and end- 
ing at 5 p. m., but the noon hour may be curtailed by special agreement between 
the foreman (or contractor) and a majority of the workmen, but not in such a 
way as to permit more than eight hours work between the hours above named. 

2. Overtime shall not commence before 6 p. m. and shall end not later than 
7 a. m., provided, however, that in cass of necessity, by agreement between a 
majority of the workmen and of the working foreman or contractor, work may 
continue from 5 p. m. without taking the supper hour from 5 to 6 p. m. 

3. The minimum rate of wages for the present working year shall be, until 
the first day of August next, thirty-five cents per hour ; from and after that 
date, thirty-seven and one-half cents per hour. Overtime shall be rated and 
paid for as time and one-half, and Sunday work as double time. 

4. All journeymen carpenters shall receive their pay as often as once in two 
weeks, but when a journeyman is discharged he shall be paid at the time of his 
discharge. 

J. W. Walker, Chairman, James Smith, Secretary, Eugene Brown, Paul Mathl- 
son, Chas. King, P. G. Lamoreaux, Arbitration Committee of the Boss Carpenters 
and Builders' Association. 

R. H. Hassell, Chairman, W. S. Weeks, Secretary, James Morahan, James A 
O'Connell, Alfred Williams, J. G. Ogden, Arbitration Committee of the United 
Carpenters' Council. 

M. P. Tuley, George Drlggs, S. P. McConnell, Umpires. 

= Also compare Carpenters and Builders' Association of Chicago, Offlaial Di- 
rectory. Constitution, By-Laws, etc. Chicago, 1892-99. 

[72] 



SCHAFFNEE LABOE CONTEACT 73 

opposing improper action upon their part, we will aid and assist 
them in all just and honorable purposes ; that while upon funda- 
mental principles it would be useless to confer or arbitrate, 
there are stiU many points upon which conferences and arbitra- 
tions are perfectly right and proper and that upon such points 
it is a manifest duty to take advantage of the opportunities 
afforded by associations to confer together to the end that 
strikes, lockouts and other disturbances may be prevented. . . . 

"That the laws of the state shall prevail in regard to appren- 
tices and not the dictates of labor organizations. . . . 

"That stewards in control of the men employed at buildings 
will not be recognized and that foremen, as the agents of em- 
ployers, shall not be under the control of the union while serv- 
ing in that capacity." 

The rapid organization of employers and employees alike in 
the larger building centers of the United States disturbed con- 
ditions of equilibrium in the trade and frequently subjected 
one side to the aggrandizement of the other. The disturbed 
conditions of the trade are reflected in the Report of the Secretary 
of the United Brotherhood of Carpenters and Joiners in 1894. 
In summarizing the history of their organization before the 
Congress on Industrial Conciliation and Arbitration held in 
Chicago in that year the Secretary^* said: "Since the United 
Brotherhood of Carpenters was founded in 1881, for the past 
thirteen years we have had eight hundred and seventy-three 
carpenter's strikes, seven hundred and sixty-one of which were 
successful, fifty-four lost and fifty-eight compromised. . . . 
Since 1886, in eight years past, the local unions have expended 
in the Carpenters' Brotherhod from their local treasuries fully 
$120,000 in strikes and lockouts and then expended in our gen- 
eral office $210,583. This makes in all about $330,590 spent in 
strikes . . . dead loss you think? Well, since May 1st, 1886, 
we have been instrumental in establishing the eight-hour day 
for carpenters in fifty-four cities, and the nine-hoiir day in four 
hundred and twenty-six cities, and with that we have also in- 



^*McGuire, P. J., Secretary of the United Brotherliooa of Carpenters and 
Joiners before the Congress on Industrial Conciliation and Arbitration held un- 
der the auspices of the Industrial Committee of the Civic Federation. Chicago, 
1894. 

[73] 



74 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

creased wages before these dull times came in five hundred and 
sixty-eight cities, from 1886 to 1893 at an average increase of 
$.50 per day. With our membership for nine months' work in 
the year it amounts to $5,500,000 more wages only in those seven 
years Thus there is an actual amount of $3,750,00 more 
wages on an expenditure of $330,583 ... a net return of 
seventy-eight per cent on the investment and along with that 
a bill for shor-ter hours, better treatment and more consideration." 
The Report of the Secretary for 1898 shows continued aggressive- 
ness on the part of the Brotherhood,^^ the Report says : ' ' Since 
1883 to September, 1898, we have had one thousand and twenty- 
six strikes and lockouts of which nine hundred and ninety- 
eight were successful, sixty-one were lost, and sixty-seven were 
compromised. . . . The scattered threads of local and so- 
called independent unions, isolated and apart, provincial and 
narrow, have been woven into a majestic network of thorough 
organization, with strong financial resources and vast public 
influence . . . the chaotic and aggregated elements have 
been trained into a disciplined force." 

On the other hand united action on the part of employing 
carpenters and contractors counterbalanced the activity of the 
employees, and the local agreements secured through collective 
negotiations during this period reflect tense conditions in many 
centers of the building industry.^" 

In Chicago negotiations between employers and workmen were 
internipted by the great building trades strike in 1900. As 
the employers were largely successful the joint agreements 
adopted subsequently gave them many advantages."'' However 
the Carpenters' Executive Council of the city is gradually secur- 
ing concessions from the employers' associations and the old 
methods of negotiation bid fair to be restored upon a firmer 
basis. 



2' See United Brotherhood of Cwrpenters and Joiners Report of Secretary at 
Convention, 1898. 

" See Carpenters' and Builders' Association of Chicago, Constitution, By-lcnvs, 
and Membership List, 1898; and Carpenters' Executive Council of Chicago, Worlc- 
ing Rules, 1899. 

" See Articles of Agreement between the Carpenters and Builders' Association, 
the Master Carpenters' Association and the Carpenters' Executive Council of 
Chicago and Coolc County, in Effect from March 11, 1901 to April 1, 190S. GiVMi 
in appendix 3. 

[74] 



SCHAPFNEE LABOE CONTEACT 75 

One of the characteristic features of collective bargaining in 
the carpentry trade at the present time is the rapid extension 
of the system of joint agreements to the smaller towns.^' The 
members of the craft in the larger cities exert influence in 
unionizing the smaller places as they recognize the danger of 
a large supply of non-union men who may threaten their stand- 
ard of wages in times of depression and strikes. 

The bricklayers and masons^® have developed effective sys- 
tems of collective bargaining in most of the larger building 
centers. In the bricklaying trade in Boston the joint agree- 
ments date back to 1886, and peaceful relations between em- 
ployers and employees have been maintained with scarcely a 
break during the entire time. In New York City the joint 
annual conferences have been in existence fully as long, but the 
system has not been as highly developed as in Boston. 

Conditions in the trade in New York City during 1885 and 
1886 are portrayed in the report of the President of the Brick- 
layers' and M'asons' International Union as follows: "In re- 
viewing the case . . . the bricklayers of New York have 
passed through a most remarkable evolution, and that too almost 
instantaneously. Disorganized, discouraged, bankrupt after the 
effects of their strike last summer with every possibility of a 
renewal of the struggle this year, with no concert of action, no 
stated regular price in work for wages, no regular hours of 
work, with men working ten, and ten and one-half hours a 
day and getting from $3.50, $3.60, $3.75, and $4 per day, things 
looked as if a general breakup would soon occur. ... A 
committee was formed to arbitrate with the bosses and the re- 
sult was wonderful. The bosses were as anxious for a settle- 
ment as were the bricklayers. They saw the danger of antagon- 
izing labor too much and were anxious for peace. They formed 
an agreement and in that agreement they recognized the unions 
and they also recognized the hour question. The bosses were 



» See The Carpenter from Jan. 1891 to Apr. 1902, for reports of organization 
and coUeetiTe agreements in small towns. 

" For their general principles see the Constitution and Rules of Order of the 
BricMayers and Masons' International Union of America, Organized Oct. 17, 
186S. Revised and Adopted 6j/ the S6th Annual Convention, Pittsturg, Pa., 
Jan. 190S. Also compare the Annual Reports o-f the President and the Secre- 
tary. North Adams, Mass., 1900-2. 

[75] 



76 BULLETIN OF THE UNIVEESITY OF WISCOXSi::? 

almost on their knees and some of the thick-headed bricklayers 
could not see the advantage they had gained. The hour ques- 
tion being settled, the wages will regulate themselves. Even 
now some of the bosses are offering $.45 per hour. The bosses 
pledge themselves not to hire anyone outside of those unions 
and all "scabs" in their employ must join the Unions or "get 
out." The men that the unions lost last summer they will get 
back again and some of them will have to pay pretty well for it. 
In my opinion it is the biggest victory that has ever been won 
by labor in New York City. Our unions are recognized once 
more and their treasuries will begin to swell. "^" 

The agreement established, provided for the reinstatement of 
journeymen and foremen upon payment of dues and assess- 
ments; the nine-hour day, with eight hours on Saturday; and 
$.42 per hour pay. It further provided for a joint arbitration 
committee between the Mason Builders' Association and the 
Bricklayers ' Unions of New York. This committee was required 
to hold weekly meetings to hear grievances and to settle aU dis- 
putes between employers and employees. Complaints could be 
made in person or in writing and it was requested that all 
grievances should be laid before the committee without delay 
in order to avoid all difficulties.^^ 

In Chicago arbitration within the trade was introduced about 
1887 and disputes were settled peaceably until the building 
trades strike of 1900. At that time, the bricklayers were the 
first to withdraw from the Building Trades' Council in order 
to make a separate agreement with their employers. The agree- 
ment^^ entered into after the strike, ended weelra of industrial 



™ Bricklayers and Masons' International Union, Twentietn Annual Conven- 
tion, St. Louis, 1886, President's Report, 20. 

'^ Brtclilayers' and Masons' International Union, Prooaedings of the Twentieth 
Annual Convention, St. Louis, 18S6. 

'' Agreement and Working Rules Chicago Masons and Builders' Association.— 

This agreement, made ttiis 27th day of June, 1900, by and between the Chicago 
Masons and Builders' Association, party of the first part, and the United Order 
of American Bricklayers and Stonemasons No. 21 of the Bricklayers and Masons' 
International Union, party of the second part, for the purpose of preventing 
strikes and lockouts and facilitating a peaceful adjustment of all grievances 
and disputes which may, from time to time, arise between the employer and 
mechanics In the mason trade, witnesseth ; 

That both parties to this agreement hereby covenant and agree that they 
will not tolerate nor recognize any right of any other association union council 

[76] 



SCHAFPNEE LABOE CONTEACT 77 

warfare. It illustrates the facility with which employers and 
employees are able to negotiate with each other when both sides 
are backed up by strong organizations. 



or tody of men not direct parties to tliis agreement to order a strike or loelE- 
out, or otherwise interfere or dictate, and that woris can he stopped only by 
an order signed jointly hy the presidents of the association and union, parties 
hereto, or the joint-arhitration hoard elected in accordance with this agreement; 
and that they will compel their members to comply with the arbitration agree- 
ment and working rules as jointly agreeded upon and adopted ; and that where 
a member or members affiliated with either of the two parties to this agree- 
ment refuse to do so they shall be suspended from membership in the associa- 
tion or union to which they belong. 

In conformity with the following principles adopted by the Building Con- 
tractors' Council under the date of April 24, 1900, both parties hereto this 
day hereby adopt said principles as an absolute basis for their joint working 
rules, and to govern the actions of the Joint Arbitration Board, as hereinafter 
provided for, to remain in full force and effect until April 1, 1903. 

No Limitation of Work. — There shall be no limitation as to the amount of 
work a man shall perform during his working day. (Explanation. — This means 
that men employed in the difEerent lines of work shall each do a fair and 
honest day's work.) 

Use of Machinery. — There shall be no restriction of the use of machinery or 
tools. (Explanation. This means that all tools or machinery of whateoever 
kind may be used in all trades or in the manufacture of any material entering 
into the construction of buildings.) 

Unrestricted Use of Material. — There shall be no restriction of the use of any 
manufactured material, except prison-made. (Explanation. — This means that 
any material may be used, no matter where or by whom it is made, except pris- 
on-made.) 

No Interference With Workmen. — No person shall have the right to interfere 
with the workmen during working hours. (Explanation. — This means that no 
person shall have the right to give orders to the men during working hours on 
the building except the employer or his representative.) 

Apprentices. — The use of apprentices shall not be prohibited. (Explanation — 
This means that in each trade a fair agreement as to the number of apprentices 
shall be entered into, it being understood that apprentices shall not be subject 
to union rules, and shall at all times be under the control of the employer.) 

Foreman. — The foreman shall be the agent of the employer. (Explanation. — 
This means that the foreman shall not be subject to union rules while acting 
as foreman, and that no fine shall he entered against him by any union, for 
any cause whatever, while acting in such capacity ; it being understood that a 
foreman shall he a competent mechanic in his trade, and subject to the decisions 
of the Joint- Arbitration Board.) , 

Right to Work. — All workmen are at liberty to work for whomsoever they 
see fit. (Explanation. — This means that a man can work for any employer 
who will give him work in his trade, it being understood that he shall demand 
and receive the wages agreed upon by the Joint-Arbitration Board, in his trade, 
under a!l circumstances.) 

Right to Employ. — Employers are at liberty to employ and discharge whom- 
soever they see fit. (Explanation. — This means that the employer shall have 
the right to employ union or non-union men, but all men shall receive the full 
wages agreed upon in their trade, and that any employer may employ or dis- 
charge any man he sees fit, without interference by any union.) 

Arbitration Board. — Both parties hereto agree that they will at their annual 
election of each year elect an arbitration committee to serve for one year or 

[77] 



78 BULLETIN OF THE UNIVERSITY OF WISCONSIN 

In other building centers, the bricklayers have followed the 
example set in the larger cities, and fair conditions of employ- 



until their successors are elected and qualified. In case of deatli, expulsion, 
removal oi' disqualification of a member or members of tbe arbitration com- 
mittee sucb vacancy shall be filled by the association or union at its next regu- 
lar meeting. 

Number of Members. — The arbitration committee for each of the two parties 
hereto shall consist of five members, and they shall meet not later tha> the 
fourth Thursday of January each year in joint session, when they sha'l organize 
a Joint-Arbitration Board by electing a president, secretary, treasurer and 
umpire. 

Qualifications of Arbitration Boai'd. — No member who is not actively engaged 
in the mason trade or occupies any other office in his association or union 
except the office of president, or holds a public office, either elective or 
appointive, under the municipal, county, state or national governments, shall 
be eligible to act as the representative in this trade Joint- Arbitration Board; 
and any member shall become disqualified to act as member of this trade Joint-. 
Arbitration Board and cease to be a member thereof immediately upon his 
election or appointment to any other office in his association or union, or to 
any public office or employment. 

Umpire. — An umpire shall be selected who is in no wise affiliated or identifletf 
with the building industry, and who is not an employee nor an employer of 
labor, nor an incumbent of a political elective office. 

Power of Board. — The Joint-Aribtration Board shall have full power to 
enforce this agreement entered into between the parties hereto, and to make 
and enforce all working rules governing both parties. No strikes or lockouts 
shall be resorted to, pending the decision of the Joint-Arbitration Board. 

Time of Meeting. — The Joint-Arbitration Board shall meet to transact routins 
business the first Wednesday in each month, but special meetings may be called 
on three days' notice by the president upon application of three members. 

Rules for Procedure. — Wlen a dispute or grievance af ises between a journey- 
man and his employer (parties hereto), or an apprentice and his employer, 
the question at issue shall be submitted in writing to the presidents of the 
two organizatons, and upon their failure to agree and settle it, or if one party 
to the dispute is dissatisfied with their decision, it shall then be submitted to 
the Joint-Arbitration Board at their next regular meeting. They shaU hear 
the evidence and decide in accordance therewith. All verdicts shall be decided 
by majority vote, by secret ballot, be rendered in writing, and be final and 
binding on both parties. 

If the Joint-Arbitration Board is unable to agree, the umpire shall be 
requested to sit with them, and after he has heard the evidence, cast the 
deciding vote. 

Power to Summon Members. — The Joint-Arbitration Board has the right to 
summon any member or members affiliated with either party hereto against 
whom complaint is lodged for breaking this joint-arbitration agreement or 
working rules, and also appear as witnesses. The summons shall be handed 
to the president of the association or union to which the member belongs, and 
he shall cause the member or members to be notified to appear before the Joint 
Board on date set. Failure to appear when notified, except (in the opinion of 
Board) valid excuse is given, shall subject a member to a fine of Twenty-five 
Dollars for the first default. Fifty Dollars for the second, and suspension for 
the third. 

Salary. — The salary of a representative on tbe Joint-Arbitration Board shall 
be paid by the association or union he represents. 

Stopping of Work. — No member or members affiliated with the second party 

[78] 



SCHAFFNEK LABOE CONTKACT 79 

ment are quite generally maintained throughout the trade by- 
means of collective bargaining.^^ 



shall leave his work because non-union men in some other line of work or trade 
are employed on the building or job, because non-union men in any line or trade 
are employed on any other building or Job, or stop or cause to be stopped any 
work under construction for any member or members affiliated with the first 
party, except upon written order signed by the presidents of the association 
and union (parties hereto) or the Joint-Arbitration Board under penalty of 

Penalties. — a fine of not less than Twenty-five nor more than One Hundred 
Dollars. Any member or members affiliated with either of the two parties 
hereto violating any part of this agreement or the working rules established 
by the Joint-Arbitration Board shall be subject to a fine of from Ten to Two 
Hundred Dollars, which fine shall be collected by the president of the associa- 
tion or union to which the offending member or members belong, and by him 
paid to the treasurer of the Joint-Arbitration Board not later than thirty days 
after the date of the levying of the fine. 

Collection o£ Penalties and Suspensions. — If the fine is not paid by the 
offender or offenders, it shall be paid out of the treasury of the association or 
union of which the offender or offenders were members at the time the fine was 
levied against him or them, and within sixty days from date of levying same, 
or in Jieu thereof the association or union to which he or they belong shall 
suspend the offender or offenders and officially certify such suspension to the 
Joint-Arbitration Board within sixty days from the time of fining, and the 
Joint-Arbitration Board shall cause the suspension decree to be read by the 
presidents of both the association and union at their next regular meetings 
and then post said decree for sixty days in the meeting rooms of the association 
and union. No one who has been suspended from membership in the associa- 
tion or union for neglect or refusal to abide by the decision of the Joint- 
Arbitration Board can be again admitted to membership except by paying his 
fine or by unanimous consent of the Joint-Arbitration Board. 

Division of Fines. — ^AU fines assessed by the Joint-Arbitration Board and 
collected during the year shall be equally divided between the twoi parties 
hereto by the Joint-Arbitration Board at the last regular meeting in December. 

Quorum. — Seven members present shall constitute a quorum in the Joint- 
Arbitration Board, but the chairman of each of the two arbitration committees 
shall have the right to cast the vote in the Joint-Arbitration Board for any 
absent member of his committee. 

Steward. — The steward shall represent the journeymen. He shall be elected 
by and from among the men in his trade working on the same building, 
and shall, while acting as steward, be subject only to the rules and decisions 
of the Joint-Arbitration Board. No salary shall be paid to a journeyman for 
acting as steward. He shall not leave his work or interfere with workmen 
during working hours. He shall always, while at work, carry a copy of the 
working rules with him. 

The presidents shall be allowed to visit jobs during working hours to inter- 
view the contractor, steward or men at work, but they shall in no way hinder 
the progress of the work. 

Number of Apprentices. — Each employer sha'l have the right to teach his 
trade to apprentices, but no contractor or firm shall take more than o.ne new 
apprentice each year, and they shall serve for a period of not less than three 



" See Bricklayers' and Mason' International Unions Proceedings of the 20th 
Anrmal Convention, St. Louis, 1886; Proceedings of the 21st Annual Convention, 
Washington, 1887; and The Bricklayer and Mason, from March, 1898 to June, 
1902. 

[79] 



80 BULLETIJT OF THE TTNIVEESITY OF -WISCONSIN 

In the minor building trades, local systems of collective bar- 
gaining are also common. 



years as prescribed in tlie apprentice rules attaclied hereto, and be subject to 
the controi of the Joint Board of Arbitration. 

Working Hours. — Bight hours shall constitute a day's worlc, except on Satur- 
days during the months of June, July and August, when work may stop at 
twelve o'clock noon with four hour's pay for that day. 

Night Work. — Eight hours s'nall constitute a night's work, which shall com- 
mence at 7 p. m. when two gangs are employed only, tut where three gangs 
are employed one shift may follow the other immediately, and in that way 
work may be continuous. 

Overtime. — Time and one-half to be paid for overtime. Work done between 
the hours of 5 p. m. and 8 a. m., and also Saturday afternoons during the 
months of June, July and August, shall be paid for as overtime, when only 
one shift of men are empi'oyed on the job. 

No contractor shall work his men overtime except in case of actual necessity, 
the contractor to be the judge of the necessity, and for such overtime time 
and one-half shall be paid. 

Double Time. — Double time to be paid for work on Sundays throughout the 
year and also work on the following four holidays {or days celebrated as such- ; 
Decoration Day, Fourth of July, Thanksgiving Day and Christmas Day. Where 

Shift-Work. — work is carried on with two or three shifts of men, working 
eight hours each, then only single time shall be paid for both night and day 
work during the week days and double time for Sundays and the above-men- 
tioned holidays. No work shall be done on Labor Day. 

Work done between the hours of 12 o'clock Saturday night to 12 o'clock 
Sunday night shall be considered as Sunday work and be paid for at the rate 
of double time. This applies also to the lour holidays before mentioned. 

Wages. — The minimum rate of wages to be paid bricklayers and stonemasons 
shall be fifty cents per hour, payable in lawful money of the United States. 

Hereafter when more than the minimum rate of wages is paid, no employer 
shall make a reduction in the wages of a bricklayer or stonemason without 
giving said man or men due notice previous to making said reduction. 

Pay Day. — It is hereby agreed that the journeymen shall be paid once every 
two weeks and not later than Tuesday, except when a contractor's work is 
widely scattering, when he will be allowed Wednesday to complete paying his 
men. When a journeyman is discharged, he shall be paid in full, and also 
when he is laid off, if he demands it, except when the lay-off is caused by bad 
weather or story-high. When a journeyman quits work of his own accord, he 
shall receive his pay on the next regular pay-day. 

Time Checks. — Time checks, payable at the office of the employer, shall be 
considered valid, provided the journeyman be allowed a half hour's extra time 
for each mile he has to travel to get to the office. If he is not paid promptly 
upon his arrival at the office, and if he shall remain there during working hours 
until he is paid, he shall be paid the regular wages for such waiting time. 

Branches of Work. — The following branches of work are covered by this 
agreement : Laying of rubble stone and bridge masonry ; all kinds of brick 
work (except sewer work) ; setting of cut stone and terra cotta. 

The stonemasons shall cut and trim alT broken ashlar, range, rock-faced, 
and worm work, and all rough jambs and quoins in building work, and all 
rough, pitched face, bridge, viaduct and pier work, cut from limestone In the 
County of Coo's:, provided that there can be had a sufficient number of com- 
petent stonemasons to do said work ; otherwise the contractor or contractors, 
after giving previous notice to the president of the U. 0. of A. B. & S. M. 

[80] 



SCHAEFNEE LABOR CONTRACT 81 

Effective organizations exist among the hod carriers in the 
larger cities.^* The strict exclusion of non-union men enables 



No. 21 of Illinois, of the B. & M. I. TJ., to furnish said men, has the right to 
employ stonecutters to finish said job. 

The leveling off of all footing stone shall ^e done by stonemasons. No stone 
cut by convict labor will be set. 

The line on brick work shall be put up but one course at a time, except in 
cases of obstructions or piers, and then only with consent of the masons doing 
the work. , 

Members of the U. O. of A. B. & S. M. No. 21, of Illinois, of the B. & M. 
I. U., holding a bricklayer's card will not lay stone, or those holding a stone- 
mason's card will not lay brick, but the foreman may do both. The exceptions 
to this rule are in case of areas, or step or pier foundations that do not exceed 
one cord of stone, and, then only in case no stonemason is at hand, when a 
bricklayer may lay the stone in such areas, step or pier foundation. Plastering 
and pointing of stone walls shall be done by stonemasons, but may be done 
by bricklayers, if stonemasons are not on the job when the above work is ready 
to be done. , 

Members of the TJ. O. of A. B. & S. M. No. 21 of Illinois, of the B. & M. 
I. TJ., will not work on masonwork on any building for any contractors or firms 
where two or more members in the same firm work on the wall laying brick, 
rubble or dimension stone, or set cut stone or terra cotta. , 

No by-laws or rules conflicting with this arbitration agreement or woi-king 
rules agreed upon shall be passed or enforced by either party hereto against 
any of its afBliated members. 

It is earnestly recommended by the .Toint-Arbitration Board that the fullest 
leniency be extended to members of both association and union for violations 
of rules during the lockout or strike. 

It is agreed by the parties hereto that this agreement shall be in force 
between the parties hereto until April 1. 1B03. 

This agreement shall only become operative when the union withdraws 
P'lrmanently from the Building Trades Council and agrees not to become 
affiliated with any organization of a like character during the life of the 
agreement, , 

Apprentice Rules. — Apprentices shall be under the jurisdiction of the Joint- 
Arbitration Board, which has the authority to control them and protect their 
interests subject to approved indentures entered into with their employers and 
the rules adopted by the joint board. 

The applicant for apprenticeship shall be under eighteen years of age. 

The contractor taking an apprentice shall engage to keep him at work for 
nine (9) consecutive months in each year and see that during the remaining 
three (3) months of the year the apprentice attends school. The first two 
years the apprentice shall attend a public school during the months of January, 
February and March, and a certificate of attendance from the principal of any 
public school in Cook County will be accepted by the Joint-Arbitration Board as 
a compliance with this requirement. Three months of the last year he shall 
attend a technical school acceptable to the joint board, and a certificate that he 
has done bo will be required before he is allowed to work during the coming year. 

A contractor taking an apprentice shall keep him steadily at work, or failing 
to do so shall pay him the same as though he had worked for him. In case an 



'* Conditions in the trade in Chicago are shown in the Agreement and Work- 
ing Rules entered into tetween the CMoago Masons and Builders' Association, 
and the Hod Carniera' and Building LaT)orers' Unions, No. 1, S, J, and i- Chicago 
1901. 

6 [81] 



82 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

the union to maintain discipline among the local workers. The 
unskilled nature of their trade which exposes hod carriera to the 
varying fluctuations of the labor market has led them to lay 
great stress upon the exclusion of non-union men, whereas the 
more highly skilled trades find such devices less necessary to 
their existence. A typical provision for the exclusion of non- 
union laborers is found in the constitution of the Chicago Hod 
Carrier for 1888. After stating that "the objects of the society 
are for the welfare of its members, and to place them in a posi- 
tion to withstand any attack of their oppressors who may here- 
after attempt to reduce their wages, and also to obtain for its 
members fair remuneration for their daily toil, "^^ the rule^" is 
laid down that "the steward . . . shall not allow any non- 
union laborer under any circumstances to work, under the pen- 
alty of $5 fine for the first offense." 

The stone cutters usually affiliate with building trades councils 
iu the larger cities but on account of the shifting nature of their 
work in many places they have found it expedient to adopt 
definite working rules which regulate the conditions under which 
members are permitted to work.^' The working rules^* of the 
Journeymen Stone Cutters' Association of Chicago in 1892 in- 



apprentice at the end of his term for some cause is not a proficient workman, 
he may he required to servei another year if the Joint Board, after a thovougli 
Investigation so decides. 

A contractor entitled to an apprentice may talie one on trial for two weeks, 
provided the applicant holds a permit from the Joint Board, and if after trial 
the boy is unsatisfactory, he need not enter into indentures, but shall pay the 
boy Five Dollars per week for the two weeks. No boy will be allowed a trial 
with more than two contractors. 

The minimum wages of an apprentice shall be not less than $260 for the first 
year, $300 for the second year, $350 for the third year, and $400 for the fourth 
year, payable semi-monthly. 

The issuing of permits for an apprentice to work for another contractor when 
the one to whom he is indentured has no work shall be left for decision to the 
Joint-Arbitration Board. 

All apprentices indentured to members of the C. M. & B. A. shall report to 
the Joint-Arbitration Board on the first Wednesday in .January. April, July and 
October, to receiv<" their new quarterly cards. Any apprentice not carrying the 
proper quarterly card will not be permitted to work. 

"Bod Carriers Protective Union and Benevolent Society of CMcago, incor- 
porated 187S. Constitution, 1888, art. 2, 

'« Idem, By-laies, art. 5. 

=' For conditions in the trade, see Btone Cutters' Journal, Mar., 1894-Jan., 
1900. 

=8 Journeymen Stone Cutters' Association of OMcago, Constitution, IWZ. By- 
laws, art. 2. Working Regulations. 

[83] 



SCHAFITlSrEE LABOR CONTKACT 85 

elude provisions that the association should not sanction piece 
work nor sub-contracting; that time lost by men in waiting for 
their wages after fourteen days should be paid at the current 
rate; that any man wishing to quit should get his pay after 
giving eight hours' notice; and that the association should not 
approve of a strike except when all other means had failed. A 
number of similar regulations which enter into various details of 
the employment relationship indicate that conditions of em- 
ployment are often as definitely determined by a tacit recogni- 
tion of working rules as under formal agreements. 

Among the granite cutters of Maine and Massachusetts regu- 
lar "bills of prices" are mutually agreed upon between em- 
ployers and employees. In these "bills" conditions of employ- 
ment are settled and some of the advantages of collective bar- 
gaining accrue to both parties to the agreement.'^ 

Other building trades organizations which have developed ef- 
fective methods of collective bargaining include the Mosaic and 
Encaustic Tile Layers* and Helpers' International Union;'"* the 
Brotherhood of Painters, Decorators and Paper Hangers of 
America;*^ the Operative Plasterers' International Associa- 
tion;*^ and the United Association of Journeymen Plumbers, 
Gas Fitters, Steam Fitters and Steam Fitters' Helpers.*^ 



'"See : Granite Gutters' National Union, Constitution, 1893, art. 31. Also- 
compare Massachusetts, Bureau of Statistics of Labor, Eleventh Annual Report,. 
1880, 51. 

See : Granite Cutters' Journal Sept. 1899 — Feb. 1900, for conditions among; 
granite cutters. 

"'See. Mosaic and Encaustic Tile Layers o'f America. Organized 188S, Con- 
stitution amd By-Laws Revised and adopted July 1SS9, N. Y., 1889, and Agree- 
ment and Working Rules Entered into between Chicago Mantel and Tile Dealers^ 
Association, and the Mosaic and Encaustic Tile Layers' Union, Jan. 12, 1901, 
to Apr. 1, 190S. 

" Compare the rules of the New York Paper Hangers' Association, Founded 
Feb. lS6i. By-Laws, 189S, and of the Brotherhood of Paimters and Decorators 
of America, Organised Mar. 15, 1887, Constitution and Rules ,ar Local Unions 
under its jurisdiction. Revised, Aug, 189B. 

'^Agreement Entered into betioeen the Employing Plasterers Association and 
the Operative Plasterers' Society of the City of New Yorle. Commencing Mav 
1st, 1892, and ending May 1st, 1896. 

'^ For organizations among the plumbers see : National Association of Mas- 
ter Plumbers of the United States, Proceedings of the Anmmal Cmivention, 
Baltimore, 1884-89 : Steam Fitters and Steam Fitters' Helpers Enterprise and 
Progress Associations, Rules and Regulations of the Enterprise and Progress 
Associations of Steam-Fitters and Steam-Fitters' Helpers, to Serve a^ a Guide 
in Shops, N. Y., 1886 ; and United Association Journeymen Plumbers, Gas FiP- 



[83] 



84 BULLETIN OF THE UNIVEESITT OF -WISCONSIISr 

The most characteristic development in the building trades 
has been the formation of building trades' and building con- 
tractors' councils. The building trades' council, — as the cen- 
tral body in which the labor organizations in the building trades 
In one locality are represented, — is able to secure joint action 
on the part of employees. The building contractors' council, 
on the other hand, unites the employers for common action. 
Wherever the building trades have been well organized, these 
central bodies have invariably arisen, and during the past decade 
collective agreements have been made between the employers' 
and employees' councils in our large cities. The most elaborate 
system of collective bargaining of this sort was that in opera- 
tion in Chicago before the lockout of 1900. Since that time, 
the several trades have made agreements with their employers 
directly or with the employers' separate associations.** One 
>of the conditions required by the Chicago Building Contrac- 
itors' Council upon entering into agreements with individual 
tinions after the strike of 1900 provided that the agreement 
should become operative only when the union withdrew per- 
manently from the Building Trades' Council and agreed not to 
affiliate with any organization of like character during the life 
of the agreement. However, representatives of both employers 
and employees in the building trades in Chicago predict a re- 
organization of the central bodies for the purpose of securing 
concert of action in regulating local conditions in the trade. 

The National Building Trades' Council'"' organized in 1897 
aims to unite the local building trades' councils, the national 
building trades unions, and the local unions of building trades 
which have no national organization. Up to the present time 



ters, Steam-Fitters and Steam-Fitters' Helpers of the U. S. and Canada Organ- 
ized Oct. 11, 1SS9, Constitution and Bules of Order, Adopted . . . Oct. 11, 
1889, . . Revised, 1892. 

" Carpenters' <md Builders' Association of Chicago, Constitution and By-laws, 
1898, p. 1. 

Carpenters' Executive Council of Chicago and Vicinity, Working Bules, 1889, 
Articles I-XI. 

Agreement and Working Rules between the Chicago Masons and Builders' 
Association and the United Order of American Bricklayers' and Stone Maeons' 
Union, June tt, 1900 to Apr. 1, 1903, 3-15. 

*" Sat'.onal Building Trades Council of America; its Origin, Cbjects and 
Benefits. How to Organize local Building Trades Councils. St. Louis 1897. 



[84] 



SCHAFFNEE LABOE CONTEACT 85 

collective bargaining in the building trades has not been materi- 
ally affected by the National Council. 

The close adjustment of labor organizations to the conditions 
in the industry is illustrated by the development of building 
trades' and building contractors' councils. "With the concen- 
tration of the building industry into the hands of large con- 
tractors the separate unions in the different trades found it 
expedient to group their strength in bargaining v?ith employers 
as to the general conditions of employment. Perhaps no other 
industry illustrates in such a variety of ways the complex forms 
of bargaining which result when employers and employees are 
grouped along both horizontal and vertical lines of organiza- 
tion. 

Clothing and Textile Trades. In the clothing and textile 
trades the movement toward collective bargaining has varied 
largely according to the stage of development of the various 
industries. 

Boot and shoe making was one of the first trades in this 
country to be transfeiTed from the household to the factory 
and a corresponding development toward collective action is 
found in the history of the boot and shoe makers. 

From 1796 to 1815 there were quite a number of strikes by 
the shoemakers and cordwainers of Philadelphia, New York, 
and Pittsburg. It appears that Philadelphia had an employers' 
association as early as 1789, when the master cordwainers of 
that city organized themselves into a society. Their constitu- 
tion sets forth that the masters "shall consult together for the 
general good of the trade" and that "no person shall be elected 
a member of the society who offered for sale any boots or shoes 
in the public market of the city or who adver-tised the price of 
his work."" These euphonious phrases relate to activities of 
the masters which enabled them to act in unison both in raising 
the price of boots and shoes and in lowering wages. The or- 
ganization of the journeymen followed in 1792. Four years 
later a successful strike was conducted for an increase of wages 



"CommomoeaUh v. PulHs et al. 1806, (Trial of the Boot and Shoe Ma,Tcera 
of PhMdelphia, taken in shorthand by Loyd, Pamphlet, Philaddphia, 1906.) 
29-134. 

[85] 



86 BULLETIN" OP THE UWIVEESITY OP WISCONSIN 

and in 1798 another strike for the same purpose was ordered 
with similar results.^^ Finally in 1799, the masters made a 
combined attempt to lower wages. The journeymen resisted 
iwith a general turnout which lasted about ten weeks, when eon- 
cessions were made on both sides.** The journeymen numbered 
about 100 members at this time and negotiations between their 
society and the employers were carried on through committees 
representing their respective sides. In 1805 they ordered an- 
other "turnout" to increase wages.*' After a seven weeks un- 
successful strike they were tried in the mayor 's court and found 
' ' guilty of a ' combination to raise their wages. ' ' They were 
fined $8.00 each with costs and were to stand committed until 
the fine was paid.''" The testimony taken at this trial showed 
that the Journeymen's Association prohibited their men from 
working in the same shop with those who were not members; 
that workmen had been beaten for working against the rules 
of the Association ; and that the boycott had been developed by 
them in its modern form. The counsel for the prosecution 
brought testimony to show that a certain master cordwainer had 
lost as much as $4,000 annually in business because the journey- 
men's association would not allow their members to work in his 
shop along with non-union men. Evidence was also produced 
to show that the term "scab" had become such an epithet of 
approbrium that cordwainers dared not work contrary to the 
rules of the journeymen. The counsel for the defendants on the 
other hand produced evidence to show that the journeymen, 
numbering about 200, were being reduced to poverty through 
the collusion of the masters in agreeing not to pay more than a 
certain rate of wages, that the journeymen were compelled to 
act together to meet the oppression of the masters and that the 
rates they contended for were no more than was reasonable and 
just." 

In 1809, the Journeymen Cordwainer 's Association of New 
York City converted a strike into a general "turn-out" because 



"Ibid. 29, 134. 
« Ibid. 14, 34, 47, 53, 134. 

*' See tbe Address of the Work.ng Shoemakers of the City of Philadelphia to 
the Public. Printed in tbe Aurora, Nov. 28, 1805. 
™ Commonwealth ts. PulIIs 24, 37, 41. 
■"Ibid. 29-134. 

[86] 



SCHAPFNEE LABOE CONTEACT 87 

the proprietor first struck against, took his work to other shops. 
Nearly 200 men took part in this general strike. Their collec- 
tive action is indicative of a high degree of organization for 
that time. The trial for conspiracy which followed this strike 
throws some interesting side lights on industrial relations. The 
defendants offered to show -. — ^that long prior to the strike there 
existed a combination' of the masters to lower wages; that the 
wages and rates contended for were reasonable and no higher 
than to afford them a bare subsistence; and that the masters 
made excessive profit on the labor of the workmen. A list^^ of 
wages agreed to in 1805 was submitted in evidence. This sched- 
ule seems to indicate that a definite understanding governed 
the relations between masters and journeymen. A copy of the 
constitution''^ of the Journeymen Cordwainers also produced at 



'2 A list of wages for the Journeymen Corawainers in tlie City of New York, 
agreed to on tlie first day of Marcli, 1805. (Submitted as evidence in People v. 
MeliHn 1810, 2 Wlieeler's Cnrri. Cases. 262.) 

Bacls Strap Boots, fair tops $4 00 

Bacls: Strapping tlie top of do 75 

Ornament Straps closed outside on do 25 

Back Strap Bootees 3 60 

Wax Legs closed outside, plain counters, fair tops S 35 

Cordovan Boots, fair tops 3 00 

Cordovan Bootees, 2 60 

Suwarrow Boots, closed outside 3 00 

Do. inside closed, bespoke , 3 75 

Do. do. inferior work, do 2 50 

Binding Boots 25 

Stabbing do 25 

Footing Old Boots 2 00 

Foxing New Boots SO 

Foxing and Countering Old Boots 2 00 

Do without Counters 1 75 

Shoes, best work 118 

Do. inferior work 100 

Pumps, Fi-ench edges 112 

Do. Shouldered do 100 

Golo Shoes 150 

Stitching Eans 75 

Cork Soles 50 

™ CONSTITUTION. — We, the Journeymen Cordwainers of the City of New 
York, impressed with a sense of our just rights, and to guard against the 
intrigues or artifices that may at any time be used by our employers to reduce 
our wages lower than what we deem an adequate reward for our labour, have 
unanimously agreed to the following articles as the Constitution of our Society. 

Article I. — That this Society shall consist of a President, Secretary, and three 
Trustees, to be elected annually ; and a. committee of six members, to be 
chosen every six months. 

Article II. — The election for President, Secretary and Trustees, shall take 



[87] 



88 BTJXLETIlf OP THE UNIVEESITY OF WISCONSIN 

the trial further indicates fairly complete organization among 
the workingmen. Although it does not appear that the journey- 
men engaged in' any violence or disorder during the strike, in 



place ou the third Monday in January, annually, at the usual place of meeting, 
and they shall be respectively chosen by ballot, by a plurality of votes of the 
members present; and the Committee shall be chosen the third Monday in 
January, and the third Monday in July. 

Article III. — The President, in order to preserve regularity and decorum, is 
authorized to fine any member six cents, that Is not silent, when order is 
called for by him, and all members are to address the chair, one at a time. 

Article IV. — Any person becominig a member of this Society, shall pay the 
sum of forty-three and a half cents on his admission, and six and a quarter 
cents as his monthly contribution; and should any member leave the city at 
any time, and stay for the space of three months or upwards, if on his return 
it can be proved that he has been so absent, he shall still be deemed a lawful 
member, by paying one month's contribution. 

Article V. — All the money collected in this Society shall be delivered into 
hands of the Trustees, and they shall hold an equal share till it amounts to 
fifty dollars ; they shall then deposit it in the United States Bank, and It shall 
not to be drawn ou except In case of a stand out, and then left to a majority 
of the Society. 

Article VI. — The Secretary shall keep a regular account of a:i the proceed- 
ings of this Society, and he for his services, shall receive one dollar per 
month, and twelve and a half cents for each notice served on any member. 

Article VII. — The President, Secretary and Committee, sha:i meet on the 
second Monday in each month, to consult and propose any measures they may 
think beneficial for the Society, who shall assemble on the third Monday in 
each month, at the hour of seven o'clock from September to March inclusive, 
and at the hour of eight o'cock from March to September, and for non-attendance 
of President and Secretary, to pay a fine of fifty cents, and any member of the 
Committee to pay a fine of twenty-five cents. 

Article VIII. — No member of this Society shall work for an employer, that 
has any Journeyman Cordwainer, or his apprentice in his employment, that 
do not belong to this Society, unless the Journeyman come and join the same ; 
and should any member work on the seat with any person or persons that has 
not joined this Society, and do not report the same to the President, the first 
meeting night alter it comes to his knowledge, shall pay a fine of one dollar. 

Article IS. — If any employer should reduce his Journeyman's wages at any 
time, or should the said Journeyman find himself otherwise aggrieved, by 
reporting the same to the Committee at their next meeting, they shall lay the 
case before the Society, who shall determine ou what measures to take to redress 
the same. 

Article X. — The name of each member shall be regularly called over at every 
monthly meeting, and should any member be absent when his name has been 
called over three times successively, shall pay a fine of twelve and a half 
cents for the first night, twenty-five cents for the second, and fifty cents for 
the third ; and if absent three successive meeting nights, the Secretary shall 
deliver him a notice, and if he does not make his appearance after being 
notified, on the following meeting night, (unless he can assign some just 
cause for staying away,) shall pay a fine of three dollars. 

Article XI. — ^Any Journeyman Cordwainer, coming into this city, that does 
not come forward and join this Society in the space of one month, (as 
soon as it is known,) he shall be notified by the Secretary, and for such 
notification he shall pay twelve and a haJf cents ; and if he does not come 

[88] 



SCHAFirNEE LABOE CONTRACT 89 

accordance with the spirit of the times they were convicted of 
conspiracy and fined $1.00 each with cost.''* 

A striking illustration of the biased attitude toward labor 
organizations during the early part of the nineteenth century 
is shown in a decision rendered in the nisi prius court of Phila- 
delphia in 1821. It seems that certain master shoemakers had 
combined and agreed with each other not to employ any jour- 
neymen who would not consent to work at reduced wages. An 
indictment for conspiracy was brought against the employer-s.^^ 
However, they escaped conviction although similar combinations 
of workmen almost invariably resulted in their conviction for 
criminal conspiracy.^* 

Finally after suffering convictions for conspiracy for nearly 
half a century the boot and shoe workers began to find the 



forward and join the same on the second meeting of the Society, after receiv- 
ing the notice, shall pay a fine of three dollars. 

Article XII. — Any member of this Society having an apprentice or appren- 
tices, shall, when' lie or they become free, report the same to the President, 
on the first monthly meeting following ; and if the said apprentice or appren- 
tices do not come forward and join the Society in the space of one month 
from the time of the report, shall be notified by the Secretary, and if he does 
not come forward within two months after receiving the notification, shall pay 
a fine of three dollars. 

Article XIII. — There shall be delivered to the President at every monthly 
meeting, a sufficient sum of money to defray the necessary expenses of this 
Society. 

Article XIV. — If any member should be guilty of giving a brother member 
any abusive language in the society-room, during the hours of meeting, who 
might have been excluded from this Society by his misdemeanor, but by making 
concession have been reunited, he shall pay a fine of twenty-five cents. 

Article XV. — Every member of the Society shall inform the Secretary of his 
place of residence, and should they at any time change their place of residence, 
they shall notify the same to the Secretary on the first monthly meeting fol- 
lowing ; not complying with this, shall pay a fine of twenty-five cents. 

Article XVI. — Any member may propose as amendments to this constitution, 
new articles, or alterations of those in force, which proposed amendments must 
be delivered to the Committee in writing, who shall present the same to the 
Society, at their next monthly meeting, and if two-thirds of the members pres- 
ent concur therein, such amendment shall become a part of the constitution. 

Article XVII. — It is the duty of the private members to attend the meetings 
and co-operate with Its olEcers in promoting the welfare of the Society, for 
in doing this, they will recollect they are promoting their own Individual wel- 
fare. 

"rfte People (of the State of JSfeio YorJc) u. Melvin et al., 1810, Wheeler's, 
Criminal Cases, Vol. II., p. 262. Also compare the manuscript record of 
People V. Melvin in the Hew York City Hall Record, ISIO. 207-16. 

^The Commonwealth ew rel. Cfieio, et al. v. Carlisle. In Brightly's Nisi 
Prius Reports, 36. 

"Compare: Commonwealth v. Pullis et al., 1806, (Trial of the Boot and 

[89] 



90 BULLETIN OF THE TJWIVEESITY OP WISCOIiTSIN 

attitude of the courts more lenient toward combinations among 
the journeymen. In the Trial of the Bight Journeymen Cord- 
wainers" at Hudson, New York, held before the Court of Gen- 
eral Sessions, Jufle, 1836, the journeymen were acquitted of the 
charge of conspiracy, and in 1842 the supreme court of Mass- 
achusetts took the ground that combinations of workmen were 
conspiracies under the common law "only when the combining 
was for an unlawful purpose.'"^* 

As the boot and shoe workers were among the first to organize 
their trade for collective action, they were also among the first 
to develop methods of collective bargaining. As early as 1870 
a joint board of arbitration was established between the shoe- 
makers and the manufacturers in Lynn, Massachusetts. These 
joint boards were gradually introduced in many of the shoe 
manufacturing centers. By 1885 they had ceased to exist in 
most of the factories, but in the meanwhile the joint agent 
method of settling disputes had been developed. About this 
time some of the manufacturers also began to deal with their 
employees through shop committees. Since 1888 the employer 
and employees in one of the largest factories in Brockton have 
had a joint agreement to submit all disputes to the State Board 
of Arbitration and Conciliation.'*' At the present time the Boot 
and Shoe Workers' Union secures union stamp contracts from 
individual employers.^" In addition to determining the condi- 
tions of employment these contracts also provide for arbitration 
within the trade.'^^ Ocassionally in states where such boards 



Shoe Makers of Philadelphia, taken in shorthand by Lloyd, Pamphlet, Philadel- 
phia, 1806.) 

People V. MeliHn, 1809, (.Tpjal of Journeymen Cordwainers of the City of 
New York), Yates, Select Cases, 112. 

People V. Melvin, 1810, manuscript record. New York City Hall Recorder for 
1810, 207-16. 

Trial of the Journeymen Cordwainers of Pittshurg, had at . . . the 
Court of Quarter Sessions for the County of Allegheny . . . December, 
1815. 

" The People of New York v. Cooper et al. 

For interesting comments on this case see the PuUic Ledger for July 2, 1836. 

^'Commonwealth v. Hunt, 1842, 45 Mass. 111. 
^^ ""Carroll, T. A. Conciliation and Arbitration in the Boot and Shoe Industry, 
Bulletin, Depa/rtment of Labor, January. 1897, No. 8, p. 5. 

«» See appendix 1 for Boot, amd Shoe Workers' Union Stamp Contraot. 

"For the organization of advisory boards and arbitration committees among the 
boot and shoe workers see the following : Boot and Shoe Machine Men of CMoagt 

[90] 



SCHAFrNEE LABOE CONTEACT 91 

exist, the contracts make provision for submitting disputes to 
the state board of arbitration.'^ 
In a trial for conspiracy, following a strike by the journey- 

Conatltution, mO, Art. 3, Sec. 13 The most important obligations 

and good intentions of this [arbitration] committee are, however, to adjust 
difflculties between employers and employees of our craft in this city, and, if 
possible to prevent strikes and lockouts in the future. 

Boot and, Shoe Workers International Union Constitution, Adopted at ith 
Animal Convention, Hgld in Philadielphia Pa., June C-9, i892. Provision is 
made for Shoe Counoils as follows : 

Sec. 1. The general executive board shall cause to be provided local shoe 
councils in such localities as will best serve the interests of the International 
Dnion, . . . Two or more unions may constitute a council. 

Sec. 3. It shall be the duty of the members of the council to keep them- 
selves posted on all questions of interest to our trade ; hear and decide all 
questions referred to them by the local unions under their jurisdiction, sub- 
ject to appeal to the general executive board. . . . They shall use every 
available means to avoid strikes or stoppages of work which may be detrimental 
to the best interests of the members ; preserve harmony between employer and 
employed ; and be ready to labor for the advancement of organized labor. 

Sec. 11. Shop councils shall cause to be appointed Shop committees. 
If a grievance arises in a shop the shop committee shall use all means in their 
power to effect a settlement of same. In case a settlement cannot be 
effected they shall refer the case to the local executive board or local union. 
If a board or union cannot effect a settlement it shall be referred to the shoe 
council (where one exists). If no council exists it shall be referred to the 
general executive board. Shop committees shall perform such other duties as 
may be assigned them by the council. 

Sec. 14. Local councils shall he subject to the general executive 
board. 

Lasfers' Protective Vtvion of America, General and Local Constitution, 
together with Rules of Order, and Rules Governing Local Advisory Boards, 
as Amended and Adopttd at the Semi-annioal Convention in. Boston, Massi., 
Apni 25-SO, JS92, Art. 9. Sec. 1. The general advisory board shall consist 
of one member of each branch of the organization and the general secretary 
and general treasurer and shall therefore at all times equal the number of 
branches of the organization plus two. 

Sec. 4. But three members of the general advisory board shall act together 
at the same time and place except as hereinafter provided. 

Sec. 5. Any branch . before ordering a strike or taking any action 

that may be liab'e to cause a lockout shall notify the general secretary and 
request a meeting of the general advisory board. 

Sec. 6. The decision of the general advisory board shall be binding. 

Art. 29, Sec. 1. Any branch of the organization, when acting with the 
general advisory board, shall have power to submit the settlement of any 
strike, lockout, difference or dispute that may exist, to any board of arbitration 
which shall equally represent both parties to the controversy. 

Sec. 2. Should the settlement of said strike, lockout, difference or dispute 
be submitted to said board of arbitration, the decision . . . shall be 
binding on all members of the organization affected thereby. 

Art. 35. The general officers shall constitute a boycott committee. 

Also see Boot and Shoe WorTcers' Union Constitution, Revised . . . 1902, for 
present regulations relative to advisory boards and arbitration committees. 

"The Union Boot and Shoe Worker, Apr. 1900, and Feb. 1902. 

[91] 



92 BULLETIN OF THE ITH'IVEESITY OF "WISCONSIN 

men hatters of New York City, in 1823, it was charged that the 
defendants v/ould not work for any master having in his serr- 
iee any workmen who had not agreed to "certain rules. '"^ 
There is no evidence to show that the hatters had organized before 
1819 f* however, they reached an advanced stage of trade union 
tactics so soon after organization because certain members of 
the craft had brought over trade union traditions from England. 
From the time of their organization the hatters had a continued 
struggle for "recognization""^ until about 1885. In that year, 
the Hat Makers' Association and the hat manufacturers of Dan- 
bury, Connecticut adopted an agreement which provided for the 
adjustment of all questions through committees. The agree- 
ment further provided for the arbitration of disputes within 
the trade and where the arbitration board representing the two 
parties could not come to a settlement they were to refer the 
matter to three disinterested parties whose decision was to be 
final."" Since that time wages and other conditions of employ- 
ment have generally been settled through joint agreements in 
the trade."^ 



'^The People [of New YorTc'\ v. Benry Trequier, James Clawsev and Lewis 
Cliamherlain ; Wheeler, CritMnal Cases, Vol. I, p. 142. Tlie main charge in 
the Indictment was their refusal to work with non-union men. 

"McNeill, The LaTyor Movement . . p. 71. Also see Weeks, Report 

on Trade Societies, bound with Vol. 20 of the lOth Census. This report states 
that the Silk and Fur Hat Finishers' National Association was formed in 1843 
and the National Trade Association of Hat Finishers in 1854. Contemporary 
constitutions of Hatters place the date of organization of the United Journey- 
men Hat Makers' Assooiation of Danbury, Conn., at 1850 (Const. 1889) ; the 
National Trade Association of Hat Fitiishers at 1854 (Const. 1882) ; and the 
Wool Hat Finishers' Association o>' the United States at 1869 (Const. 1888). 

"' See National Trade Association of Hat Finishers of the United States of 
America, Proceedings of the Special Convention, Danbury, Conn., Apr. 24-29, 
1882, 43-45 ; and Report ... of May, 1885 3-4. 

" See Agreement adopted Dec. 28, 1885, signed by sixteen manufacturing com- 
panies and agreed to by the Hat Makers' Association. 

"' For a typical illustration of the organization of arbitration committees 
among the batters see tne United Journeymen, Hat Makers' Association of Dan- 
iury. Conn., Constitution, 1S89. Art. 9. Sec. 1. Each shop is to regulate its 
own bills of prices and methods of work in accordance with this constitution 
and by-laws. 

Sec. 2. Bills of prices are to be made for each season at stated times. . . . 

Sec. 3. All disputes between employer and employees which cannot be settled 
by them are to be submlttod to arbitrators, in the selection of whom each shall 
have an equal voice. The decision shall be flna;!. 

Sec. 4. The arbitration committee shall consist of three .iourneymen and 
three employers. In case they cannot agree each side shall choose one person 
not connected with the trade. They shall choose a third person and these- 
shall decide the case. 

[92] 



SOHAPENEK LABOE CONTEACT 93 

The journeymen tailors brought over the "customs and rules" 
from England, and the tailors in this country were organized 
as early as 1806. A strike in Philadelphia in 1827, in which 
they demanded the reinstatement of five journeymen who had 
been discharged for demanding higher wages, showed that they 
were not far behind the shoemakers, printers, and hatters in 
developing concert of action for the purpose of protecting their 
interests in the trade. In the trial for conspiracy which fol- 
lowed this strike the evidence disclosed the fact that five tailors 
had individually asked for an increase in wages. This increase 
was temporarily granted but at the first opportune moment the 
men were discharged. Thereupon the remaining journeymen in 
the shop went on strike, with the result that they were found 
guilty of a conspiracy to compel their masters to re-employ the 
discharged men."^ 

The trial of the tAventy-one Journeymen Tailora of New York 
City held in the court of oyer and terminer in 1836 is mainly 
interesting for the heavy fines which were imposed.'*^ The tail- 
ors were indicted for striking for higher wages and preventing 
others by threats, and promises, and various modes from work- 
ing except for the prices fixed by the union. The Court in 
his charge said : ' ' Combinations were not necessary in this coun- 
try for the protection of mechanics or any other class, they 
were of foreign origin and not in harmony with our institu- 
tions."'"' Accordingly he imposed fines ranging from $150 for 
the president to $100 each for the members of the union. 

At the present time the majority of the skilled workmen in 
the tailoring trades belong to the Journeymen Tailors' Union." 
This organization has a system of joint agreements in success- 
ful operation. 



'^Commonwealth v. Moore ei al. 1827. (Trial of Twenty-four Journeymen 
Tailors before the Mayor's Court, Philadelphia, Septemter Sessions, 1827) 
6, 15, 164-7. 

"Com.mercial Advertiser, June 11, 1836. 

''"The People v. Paulhner et al., (Trial of Twenty-one Journeymen Tailors 
of the City of New York, Court of Oyer and Terminer, 1836.) 

"For their forms of organization see Journeymen, Tailors' Union of America, 
Constitution, Adopted l>y the Sth Convention . . . Aug. ie-17, 1889, and 
Approved ty General Vote of the memT)ers, Nov. 1889^- as Amended . 

Apr. 1, me. 

[93] 



94 BULLETIN OF THE UNIVERSITY OF WISCONSIN 

The United G-arment Workers" include the less skilled work- 
men engaged in the making of clothing. The public agitation 
against sweat shops has recently enabled garment workers to 
use their union label with good effect in collective bargaining. 
Most of their agreements begin: "In consideration of the use 
of the union trade label of the party of the second part the 
party of the first part agrees to abide by the following rules 
and conditions governing the same. ..." However, the 
difficulty of organizing the various nationalities employed in 
working on ready-made clothing and the irresponsible character 
of the small contractors,'^ many of whom are without property 
or reputation, have so far prevented any very effective changes 
in the conditions of employment. 

In the textile trades the movement toward collective bargain- 
ing has also been modified by external influences. The intro- 
duction of foreign laborers and the large proportion of women 
and children in the textile factories have prevented a normal 
development of associated action on the part of employees. 
In a few branches, where more than ordinary skill is required, 
the operatives have built up strong organizations which have 
been able to secure joint agreements. However, for most of the 
different classes of textile workers, conditions of employment are 
fixed by employers rather than by joint conferences between em- 
ployers and workmen.'''* The need of closer co-operation between 
employers and workmen is recognized by the National Federation 
of Textile Operatives of America in their constitution of 1900, in 
which they set forth one of their objects to be, "To persuade em- 
ployers to agree to arbitrate all differences which may arise be- 
tween them and their employees in order that the bonds of sym- 
pathy between them may be strengthened and that strikes may be 
rendered unnecessary." 



''^United Garment Workers of America Constitution, N. Y.. 1891. Same, 1899. 

For rules of local organizations see Gotham Association {Knife Oarment Cut- 
ters)of A'ew York City amd Vinio'.ty, By-laws, N. Y. 1887, and Bee-Hive Asso- 
ciation of Ladies Underwear Cutters of New York and Vicinity, By-laws, N. Y. 
1892. 

™See United Brotherhood of Cloak Makers v. Gurewitz, N. Y. Lano Journal 
Aug. 1, 1900, and United Brotherhood of Cloak Makers v. Frank, N. Y. Law 
Journal, Nov. 8, 1900, for violation of collective agreements by employ«rs. 

"See National Cotton Mule Spinners' Association of America established Oct., 
1858, Constitution, 1890. Art. 13, Sees. 3-4. 

[94] 



SCHAPE'NBE LABOE CONTEACT 95 

Metal Working and Machine Trades. In the metal working 
trades the iron workers were among the first to secure written 
agreements. Their conference committees date back to 1865, 
when an agreemenf^ was made between a committee of boilers 
and a committee from the Iron Manufacturers, of Pittsburg. 
They fixed a scale of prices to be paid for boiling pig iron, based 
on the manufacturers ' card of prices. They further agreed that 
either party should have the right to terminate the agreement 
by giving ninety days' notice to the other party and that there 
should be no deviation without such notice. During the year 
the workmen served the requisite notice and obtained two re- 
visions of the scale in their favor. Finally the manufacturers 
served notice of a reduction of $2.00 per ton. This being re- 
jected by the workmen, a general lockout ensued which lasted 
from December, 1866, to May, 1867, and was finally ended by 
the manufacturers paying the price demanded, — the one fixed 
in the original scale of 1865. This was rather an unfavorable 
beginning, but the workmen asked for another conference with 
the manufacturers. It was granted and a new scale of prices 
was agreed upon in July, 1867. '''' For a period of seven years 
this scale was maintained with only a few technical changes 
made by mutual consent. In 1875, there were some disagree- 
ments but after several short lockouts and after several new 
scales of prices had been adopted and in turn set aside, the 
manufacturers finally agreed to sign a scale for the following 
year. With slight modifications this scale was renewed from 



"Memorandum of Agrsement. Made this thirteentli day of February, 1865. 
between a Committee of Boilers and a Committee from the Iron Manufacturers, 
appointed to fix a scale of prices to be paid for boiling pig iron, based on the 
Manufacturers' Card of Prices; it being understood either party shall have the 
right and privilege to terminate this agreement by giving ninety days' notice to 
the other party, and that there shall he no deviation without such notice. 

" Memorandum of Agreement. Made this twenty-third day of July, 1867, 
between the Committee of Boilers and Manufacturers, to wit : — That $9 per ton 
shall be paid for boiling pig iron until Aug. 17, 1867. From that time until Sept. 
15, eight dollars shall be paid. After latter date the following scale shall be 
operative : — . . . Being twenty-five cents per ton reduction or advance 
.for each change of one-quarter of a cent per pound on card rates Either party 
to this arrangement can terminate the same by giving thirty days' notice to 
the "other party. It is further understood that immediate steps shall be taken 
by both parties, following said notice, to meet, and endeavor to arrange the 
difference, and settle the difficulty which occasioned said notice. 

[95] 



96 BULLETIN OF THE TJNIVEESITY OF WISCONSIN 

year to year without much difficulty until 1879, when the pud- 
dlers again went on strike to prevail upon the manufacturers 
to renew the scale of prices in force the previous year. After 
a short delay the manufacturers signed the proposed scale. In 
1880, an advance v/as demanded by the boilers. It was con- 
ceded by the employers and the scale adopted in that year re- 
mained in operation for five years.^'^ 

The system of the sliding scale so long in successful operation 
in the iron and steel industry is described by the president'' 
of the Amalgamated Association of Iron and Steel Workers 
a foUows: "Under the sliding scale, a rate of wage is agreed 
upon for each position to be governed by the scale and then a 
selling price for the material is selected as being a fair minimum 
price, while that particular rate of wage is paid; a percentage 
of advance in the selling price of material is then listed as re- 
quiring a slight percentage of advance in the wages of the men 
in the several positions. The ratio of advance in wages is 
thus listed with the advance in material until the probable high- 
est figure the material will sell at has been reached. A corre- 
sponding reduction in wage is agreed to as the material recedes 
in price. But a minimum price is agreed upon as representing 
a stopping point, in the decline in wages, and although the em- 
ployer is free to sell his material lower than this minimum he 
is not permitted a reduction in wage below." 

Various labor organizations'"* in the iron industry carried on 
negotiations with employers under the system of the sliding scale. 
Gradually the various groups have, been united under the Na- 
tional Amalgamated Association of Iron, Steel, and Tin Work- 
ers of the United States. The extraordinary concentration in 



'' For an account of the early Soales of Prices adopted in the iron and steel 
industries at Pittsburg, see Pennsylvania, Bureau of Industrial Statistics, Re- 
port, 1880-1. 284-371. 

"Garland, M. M., President of the Amalgamated Association of Iron and 
Steel Workers, address before the Congress on Industrial Conciliation and Arbi- 
tration, held under the auspices of the Industrial Committee of the National 
Civic Federation, Nov. 13 and 14, 1894. 

'» The United Sons of Vulcan organized in 1858 were the first trade union to 
secure a definite agreement with iron manufacturers in the United States. For 
a partial statement of this agreement see foot note 75. 

For the general policy of the National Amalgamated Association of Iron and 
Steel Workers see their Constitution and General Laws, adopted as amended 
6y national convention . . . June, 1892. 

[96] 



SCHAFFNEE LABOE CONTEACT 97 

the iron and steel industry during recent years has left the 
workmen in a relatively weakened position for bargaining with 
employers. 

From the time of its organization in 1859, the National Union 
of Iron Holders was zealous in obtaining "recognition" for the 
union. The early records indicate a long period of turbul- 
ence before the union finally reached its present period of peace- 
ful negotiation for trade agreements. At the annual conven- 
tion in 1867 the president*" reported that the cost to the organi- 
zation to support strikes and lockouts, for the six years ending 
January 11, 1866, amounted to $1,161,582.26, an average to th« 
man per year of about $24. Commenting on this amount the 
president said, "Although this aggregate looks very large, yet 
when we divide it among the whole membership and consider 
that we have doubled our wages in six years and have secured 
a thousand other blessings, we cannot help but acknowledge that 
these things have been purchased at a very cheap rate." The 
Iron Moulders Journal for April 30, 1879, recounts less favor- 
able phrases in the history of the union as follows: "little was 
accomplished until 1863 when the organization was rapidly ex- 
tended until in every city, Bast and "West, to be out of the 
union meant social ostracism and a molder without a card was 
a curiosity. The power acquired and assumed caused a sense 
of independence and security to prevail that rapidly destroyed 
even the acquired power. Strikes for almost impossible objects 
were of weekly occurrence, especially in the cities; taxation be- 
came very heavy and continuous, many of those taxed were not 
believers in strikes and gradually withdrew from the organiza- 
tion; the smaller unions suspended in the midst of strikes and 
in 1869 the debts of the organization were simply enormous. 
About this time the brakes were put on and strikes were discoun- 
tenanced, the work of organization was commenced, the debt was 
paid off, and the prospects were . . . favorable until 1873 



" SylTis, Wm. H., President of the Iron Moulders International Union, Annual 
Report, in Proceedings of the Eighth Annual Convention, Boston, 1S67. 

A careful investigation which Professor John E. Commons has made Into 
the records of the Iron Molders indicates that tihe expenditures for strikes and 
lockouts during the period did not reach the estimates given by the president ol 
the International Union. 

7 [97] 



98 BULLETIJJ' OP THE UKIVEESITY OF WISCONSIlir 

when another industrial panic followed. . . . Heavy reduc- 
tions in wages drove off the weak . . . and this added to our 
late internal troubles has almost destroyed what was at one time 
the best organization of labor in America." 

Accounts of the early conferences of the molders with em- 
ployers are meager. However, the following statement from 
the Iron Molders' Journal of July, 1874, shows that the local 
union at Johnstown, ,P.ennsylvania, had written agreements with 
employera before that da,te. The complaint is made that : — ' ' The 
manager [of the Columbia Iron Works] first acknowledged the 
rights of workingmen to form unions and then claimed the right 
to refuse to hire them because they were union men. . . ." 
The statement continues: — "The men locked out prove, how- 
ever, that the unions were recognized by Morrell [the manager] 
asking for committees therefrom to settle disputes and make 
agreements; that the unions have lived up to every agreement j 
and that the present lockout is occasioned by Morrell's desire 
to break a written agreement entered into with the imions.'"' 
In 1879, strikes by the Iron Molders of Cincinnati against a re- 
duction and for an advance in wages were compromised and a 
written agreement, which fixed the price for six months, was 
adopted.*^ 

Almost continuous strikes and lockouts prevailed iu the iron 
foundry and especially in the stove foundry trades in the decade 
before 1891. Local agreements, — some of which dated as far 
back as 1873 — had occasionally been obtained from employers 
by the Iron Molder-s' union,'^ but the principle of settling diffi- 
culties by means of business conferences was far from being 
established. The pressure of increased competition forced the 
manufacturer and the unions into frequent disputes. The ques- 



^ In an address before the National Conference on Industrial Concilatlon and 
Arbitration, Chicago, 1900, President Fox of the Iron Holders' Union of North 
^\America stated that "as early as 1876 a referendum vote of the membership of 
the Iron Molders' Union had deo'ared in favor of the arbitration of trade dis- 
putes, but had not been able to successfully put this policy in operation because 
there tras no association of employers with whom to enter into such contract." 

"2 Ohio, Bureau of Labor Statistics, Third Annual Report, 52, 53. 

M Iron Holders' International Union, Proceedings of tlie Eighth Annual Bet- 
Hon, Jan. 1867, 10, 

Iron Holders' Journal, Sept. 10, 1874 ; Sept. 10, 1877 ; Apr. 30, 1879 ; June, 30f 
1880. 

[98] 



SCIIAFFNEE LABOR CONTEACT 99 

tion of apprenticeship, the employment of "berkshires," the 
amount of percentage to be paid on the "board" price, the de- 
mands for a "gangway count" and "price book" remained 
fruitful causes for friction throughout the decade. The ques- 
tion as to who should be designated a molder continued an ever 
present source of controversy resulting in numerous strikes and 
lockouts, and it was not until 1891 that any effective progress 
toward securing peace in the trade was made. In that year, 
representatives of the Iron Holders' Union of North America'* 
and of the Stove Founders' National Defense Association met 
in Chicago and adopted a joint agreement to settle disputes by 
conciliatory methods. This agreement further provided that 
neither party should discontinue operations pending investiga- 
tion and adjudication. In the conferences between employers 
and employees since that time a system of collective bargaining 
has been developed under which wage scales are fixed for the 
entire country.*^ Strikes have been largely eliminated and mu- 



"* See Iron Molders' Union of Nortji America, Constitution and Rules of Order, 
Adopted at Detroit, Mich., July 19, 1800; and Constitution an-d Rules of Order, 
Adopted at Toronto, Ontario, July Si, ISK. 

'^Conference Agreements tietween the Iron Molders' Union of North America 
and the Stove Founders' National Defense Association. 

CONffBHSNCE, 1891. Whereas, there has heretofore existed a sentiment that 
the members of the Stoye Founders' National Defense Association and the mem- 
bers of the Iron Holders' Union of North America were necessarily enemies and 
in consequence a mutual dislike and distrust of each other and of their respec- 
tive organizations has arisen, provoking and stimulating strife and ill-will, re- 
sulting in severe pecuniary loss to both parties. Now, this conference is held 
for the purpose of cultivating a more intimate knowledge of each other and of 
their methods, aims and objects, believing that thereby friendly regard and re- 
spect may be engendered, and such agreements reached as will dispel all inimical 
sentiments, prevent further strife and promote the material atd moral interests 
of all parties concerned. 

Cladsb 1, CONFEEENCD 1891. Rcsolvcd, That this meeting adopt the principle 
of arbitration in the settlement of any dispute between the members of the I. M. 
TJ. of N. A. and the members of the S. F. N. D. A. 

Clause 2, Confeeencb 1891. That a conference committee be formed, consist- 
ing of six members, three of whom shall be stove molders appointed by the Iron 
Holders' Union of North America and three persons appointed by the S. F. N. 
D. A., all to hold office from Hay 1 to April 30 of each year. 

Clause 3, Conpekencb 1891. Whenever there is a dispute between a mem- 
ber of the S. F. N. D. A. and the molders in his employ (when a majority of the 
latter are members of the I. H. U.). and it can not be settled amicably between 
them, it shall be referred to the presidents of the two associations before named, 
who shall themselves, or by delegates, give it due consideration. If they can 
not decide it satisfactory to themselves, they may by mutual agreement sum- 
mon the conference committee, to whom the dispute shall be referred, and whose 

[99] 



100 BULLETIN OJF THE XTNIVEESITY OF WISCONSIN 

tual respect has been established through strong organizations 
on both sides.^° Both employers and employees express great 
satisfaction with their system of collective contracts.*^ 



decision, by a majority vote, shall be final and binding upon each party for the 
term of twelve months. 

Pending adjudication by the presidents and conference committee, neither 
party to the dispute shall discontinue operations, but shall proceed with business 
in the ordinary manner. In case of a vacancy in the committee of conference, it 
shalT be filled by the association originally nominating. No vote shall be taken 
except by a full committee or by an even number of each party. 

Clause 4, Confeeencb 1892. Apprentices should be given every opportunity 
to learn all the details in the trade thoroughly and should be required to serve 
four years. Any apprentice leaving his employer before the termination of his 
apprenticeship should not be permitted to work in any foundry under the juris- 
diction of the I. M. U. of N. A., but should be required to return to his em- 
ployer. An apprentice should not be admitted to membership in the I. M. U. of 
N. A. until he has served his apprenticeship and is competent to command the 
average wages. Bach apprentice in the last year of his apprenticeship should 
be given a floor between two journeyman molders, and they with the foreman 
should pay special attention to his mechanical education in all classes of work. 

Clause 5. Confeeence 1892. The general rate of molders' wages should be 
established for each year without change. 

Clause 6, Confeeence 1892. When the members of the Defense Association 
shall desire a general reduction in the rate of wages, or the Holders' Union an 
advance, they shall each give the other notice at least thirty days before the 
end of each year, which shall commence on the first day of April. II' no such 
notice he glvsn the rate of wages current during the year shall be the rate in 
force for the succeeding year. 

Clause 7, Confeeence 1892 amended 1893. Any existing inequality in present 
prices of v/ork in any shop should be the basis for the determination of the price 
of new work of similar character and grade , unless the presidents of the two or- 
ganizations, or their representatives, shall decide that the established prices of sim- 
ilar work in the shop are not in accord with the price of competitive goods made 
in the district. 

Clausb 8, Confeeence 1893. Any existing inequality in present prices ot 
moldng in a foundry or between two or more foiuidries should be adjusted as 
soon as practicable upon the basis set forth in the foregoing paragraphs by mu- 
tual agreement, or by the decision of the adjustment committee provided by the 
conference of March, 1891. 

Clause 9, Confeeence 1896. Firms composing the membership of the S. F. 
N. D. A. should furnish in their respective foundries a book containing the piece 
prices for molding, the same to be p:aced in the hands of a responsible person. 

Clause 10, Confeeence 1896. New work should always be priced within a 
reasonable time, and under ordinary circumstances tv,fo weeks is considered a 
reasonable time, and such prices, when decided upon, should be paid from the 
date the work was put in the sand. 

Clause 11, Confeeence 1896, amended 1903. The members of the S. F. N. 



•"For the financial strength of the Iron Molders' Vnion of North America 
see the Quarterly Reports of President, Vice Presidents, Secretary, Treasurer, 
Journal Receipts and Financial Standing of Local Unions for Quarter Ending 
Sept. SO, 190% Cincinnati 1902. 

»' Testimony of Thomas J. Hogan, Secretary, Stove Founders' National De- 
fense Association, before the U. S. Industrial Commission, September 14, 1900. 
Jni. Com. Report, VII., 860-873. 

[100] 



SCHAFPNEE LABOE CONTEACT 101 

The system of collective bargaining between the Iron Holders' 
Union and the Stove Founders' National Defense Association 



D. A. shall furnisli to their molders : Shoves, riddles, rammers, brushes, facing 
bags, bellows and strike-off, provided, however, that they charge at actual cost 
tools so furnished, and collect for the same, adopting some method of Identifica- 
tion ; and when a molder abandons the shop, or requires a new tool in place of 
one so furnished, he shall, upon the return of the old tools, be allowed the full 
price charged, without deducting for ordinary wear ; and damage beyond ordi- 
nary wear to be deducted from amount to be refunded. 

Ci/AUSE 12, CONFEEBNCB 1896, AMENDED 1903. When It is shown that the ag- 
gregate loss on account of dull iron amounts to 4 per cent of the total value of 
the work poured by the molders in any one heat, it shall be deemed a bad heat, 
and payment shall be made for all work lost from this cause ; It being under- 
stood that when more than one cupola is used, the molders receiving iron from 
each cupola shall be considered the same as though they were working in sep- 
arate shops, in making above computation. 

If suflScient iron Is not furnished the mo!der to pour off his work, and such 
work has to remain over, he shall be paid for such work remaining over at one- 
half the regular price. 

These rules shall apply, excepting in case of breakdown of machinery, or 
other avoidabe accidents, where no allowance shall be made. 

CIAUSE 13, Conference 1898. Whenever a difficulty arises between a mem- 
ber of the S. F. N. D. A. (whose foundry does not come under the provisions of 
clause 3, 1891 conference) and the molders employed by him, and said difficulty 
can not be amicably settled between the member and his employees, It shall be- 
submitted for adjudication to the presidents of the two organizations or their 
representatives without pre.iudice to the employees presenting said grievance. 

Clause 14, Conpbhencb 1898. In pricing molding on new stoves when there- 
are no comparative stoves made in the shop, the prices shall be based upon com- 
petitive stoves made in the district, thorough comparson and proper considera- 
tion being given to the merits of the work according to labor involved. 

Amendment to Clause 9, Confbkence 1896 : Clause 15, Confbeence 1809.. 
Stove manufacturers, members of the S. F. N. D. A., shall furnish in their re- 
spective foundries a book containing the piece prices for molding, the same tO' 
be placed in the care of the foreman of the foundry and a, responstible molder 
agreeable to both employer and employees, said book to be placed in a locker- 
on molding floor, to which the foreman and the molder so elected shall eacb 
carry a key. 

Clause 16, Conference 1902. The general trend of Industrial deve.opmenf 
is towards employing skilled labor, as far as practicable, at skilled work, and 
In conformance with this tendency every effort should be made by the members 
of the S. F. N. D. A. and the I. M. IT. of N. A. to enable the molder to give 
seven hours of service per day at molding, and to encourage the use of unskilled 
help to perform such work as sand cutting and work of like character, when the 
molder can be given a full day's work. 

Clause 17, Confbbbncb 1902. Inasmuch as It is conceded by the members 
of the S. F. N. D. A. that the earnings of a molder should exercise no influence 
upon the molding price of work, which is set. according to well-established prece- 
dent and rule of conference agreements, by comparison with other work of a 
like khid, the placing of a limit upon the earnings of a molder in the seven 
hours of molding should be discountenanced In the shops of members of the S. F. 
N. D. A. 

Clause 18, Conferbnce 1902. When a full floor of new work is given a 
molder he should be guaranteed the day-work rate of pay for the first day, in 
order that he may be given an opportunity to get the Job in good running order 

[101] 



102 BULLETIN OF THE UNIVEESITT OF WISCONSIN 

became the basis of a similar system** established in 1899 be- 
tween the same union and the National Founders' Association. 
The agreement^' made in 1899 between the Iron Holders' Con- 



fer piecework ; if, howeven. tlie molder sliould earn more tlian the day-work 
rate lie sliould be paid his full earnings. 

Clahsb 19, CONFEEENCB 1902. Where a change of Job is made the molder 
often loses considerable time and is put to great inconvenience through the 
necessary clamps, boards and other facilities needed for the job not being sup- 
plied to him promptly. We believe that in well-regulated shops that should be 
made a feature of the shop management and should be a subject of favorable 
recommendation to the members of the S. F. N. D. A. 

** New York Agreement between National Founders' Association and Iron 
Molders' Union of North America, Conference 1S99. 

Whereas, the past experience of the members of the National Founders' Asso- 
ciation and the Iron Holders' Union of North America, justifies them in the 
opinion that any arrangement entered into that will conduce to the greater 
harmony of their relations as employers and employees, will be to their mutual 
advantage ; therefore, be it 

Resolved, That this committee of conference endorse the principle of arbitra- 
tion in the settlement of trade disputes, and recommend the same for adoption 
by the members of the National Founders' Association and the Iron Molders' 
Union of North Amarica, on the following lines : 

That in the event of a dispute arising between members of the respective or- 
ganizations, a reasonable effort shall be made by the parties directly at interest 
to effect a satisfactory adjustment of the difficulty ; failing to do which, either 
party shall have the right to ask its reference to a committee of arbitration 
■which shall consist of the presidents of the National Founders' Association and 
the Iron Holders' Union of North America, or their representatives and two 
other representatives from each association appointed by the respective presi- 
dents. 

The finding of this committee of arbitration, by a majority vote, shall be 
■considered final in so far as the future action of the respective organizations is 
concerned. 

Pending adjudication by the committee on arbitration there shall be no cessa- 
tion of work at the instance of either party to the dispute. 

The committee of arbitration shall meet within two weeks after reference of 
the dispute to them. 

™ Agreement between the Iron Moulders' Conference Board of New York and 
Vicinity and the Foundrymen of New York City. 

We. the undersigned Foundrymen of New York city and vicinity, and the 
Iron Houlders' Conference Board of New York and vicinity, believing that this 
constant wranigle over wages and resulting in strikes and lockouts, Is an ele- 
ment of disturbance to our mutual interests, do, for the purpose of avoiding the 
same, hereby agree: 

First : That on and after June 1. 1899, the moulders in our employ will be 
paid a minimum wage, as follows : Floor moulders, $3 ; bench moulders, $2.75 
per day, wages paid above this rate to be maintained, and that this rate shall 
continue in force until Hay 1. 1900, and thereafter, unless otherwise deter- 
mined, as follows : 

Second : That yearly conferences of the Foundrymen of New York City and 
vicinity, and said Iron Houlders' Conference Board, for the purpose of agreeing 
upon a wage scale for the ensuing year, shall be held ; and that all such agree- 
ments, including that contained in the first clause of this agreement, shall be 
binding upon both parties until the 30th day of April next following, and un- 
less thirty days previous thereto of any year notice of a desire to change the 



[102] 



SCHAFITNEE LABOE CONTEAOT 103 

ference Board and a majority of the foundrymen of New York 
City further illustrates the advantages of collective agreements 
to both parties to the labor contract. 

The joint agreement system established between the Interna- 
tional Association of Machinists and the National Metal Trades 
Association^" in 1899 Was short lived. Dispute arose as to the 
interpretation of the nine-hour clause and the strikes which 
followed resulted in the break-up of the national system in 1901. 
However, local agreements'^ were generally entered into between 
employers and the Machinists' Association after the settlement 
of the difficulties and probably the re-establishment of the na- 
tional system is only a question of time. 



wage rate be given by either party to tliis agreement, the wage rate then pre- 
vailing shall he the wage rate for the next toUowing year. 

Third : , If no notice for a desire of change in the wage rate be given by 
■either party thirty days previous to April 30th of any year, the holding of the 
yearly conference may be dispensed with, and the action of the previous con- 
ference shall continue operative for another yeai'. 

Fourth : That during the months of June. July and August, beginning with 
the first Saturday in June will ,je observed as a holiday for the entire day, and 
that each alternate Saturday, beginning with the second Saturday in June will 
be observed as a work day unless otherwise agreed upon. 

Fifth ; Any complaint made by the foremen of the different foundries as to 
the amount of work being performed by an Individual moulder, shall be referred 
to a special committee of three fellow moulders in said shop for adjustment ; 
and such adjustment if unsatisfactory, shall be appealed to the two associations 
parties to this agreement. 

Sixth : That any foundry which runs overtime shall, except in case of acci- 
dent or cause beyond control not consuming more than thirty minutes time, pay 
to its moulders time-and-a-half. 

New Yoke, May 23, 1899. 

™For their forms of organization see International Machinists' Union of 
America, Pounded June U, ISSl; Constitution Adopted Sept. 26, 1891; Interna- 
tional Assooiation of Machinists, Constitution of the Grand Lodge and of Sub- 
ordinate Lodges, Revised and Adopted at Toronto Ontario, June, 1901 and Na- 
Hanoi Metal Trades Assooiation, OonstitutiMi, By-laws, Declaration of Prinoi- 
fles. Resolutions, Cincinnati, 1902. 

"The following agreement entered into between Buckeye Lodge, No. 55, of Co- 
lumbus, Ohio, and the metal manufacturers of that city, Jan. 21, 1901, Is typi- 
cal of local agreements between the International Association of Machinists and 
tlie Metal Trades Association. 

First The minimum rate of pay for machinists will be 25 cents per hour 
unless working by the piece, prices for which are to be mutually agreed upon 
between employer and employee. The rate for tool-makers and die-sinkers shall 
be 30 c4nts per hour. Machinists employed in tool rooms of machine shops are 
not to be considered tool-makers or die-sinkers. _ 

Second. All overtime between 6 and 10 P. M. shall be paid for at time and 
one-quarter. All overtime from 10 P. M,, also Sunday, Labor Day, July 4th, 
-Thanksgiving and Christmas Day shall be paid for at time and one-l^alf^ 

Third. In the employment of apprentices, one shall be allowed to the shop 

[103] 



104 EULLBTIN OP THE UNIVEBSITY OF WISCONSIN 

Local systems of collective bargaining in the metal working 
and machine trades have also been secured by the International 
Brotherhood of Blacksmiths,"^ and by the Metal Polishers" Buff- 
ers', Plasters', and Brass Workers"^ International Union of 
North America. 

Wood Working. In the wood-working trades, the Amalga- 
mated Wood-workers' International Union has been especially 
successful in securing recognition and joint agreements since its 



and one to every five machinists or fraction of five. Tlie compensation for sucll 
apprentices sliall be In accordance witli the scale establislied for the Interna- 
tional Association of Machinists, as follows : 

$0.50 per day for the 1st year. 
.75 per day for the 2d year. 
1.00 per day for the 3d year. 
1.25 per day for the 4th year. 

It is agreed, however, in shops where the number of apprentices now employed 
exceeds the above ratio, no more shall be employed until the number shall have 
been reduced to the above limit. After an apprentice shall have served his four 
years' time In one shop, he shall be given his clearance papers by the employers 
with whom such time shall have been served. 

Fourth. In employing machinists, no discrimination shall be made between 
union and non-union men. 

Fifth. When necessary to reduce the force employed, it is agreed that when 
re-engaging men the preference be given to former efficient employees. 

Sixth. In ease of grievances arising, the employers agree to receive a com- 
mittee of employees to investigate and endeavor to effect a settlement. One-half 
of said committee is to be selected by employers and the other half by em- 
ployees. The latter may be members of the shop committee. 

Seventh. It is expressly agreed that if any employee is found guilty of in- 
terfering or annoying in any way his fellow-workmen, such act shall make the 
offender subject to immediate discharge. 

Eighth. Such employees as are capable of doing work not requiring the skill 
of machinists shall not be affected by this agreement. 

Ninth. Employees shall be governed by the rules regulating and governing the 
management of Individual shops in which they are employed. 

Tenth. This agreement shall remain in force until January, 1, 1902, and 
unless notice is given by either party thirty days prior to that date, it shall 
remain in force for another year thereafter. 

On behalf of Metal Trades Association. E. Jbpfeet, President. 

Hahold G. Simpson, Secretary. 

On behalf of International Association of Machinists. 
H. L. Wedemeyee. Secretary. Wm. Weib, President. 

Witnesses : Hutchin, Kingsbury. 

•2 For their general rules see International Brotherhood of BlachsrrCiths, Con- 
stitution and By-lOADS, Revised and Adopted a.t Buffalo, N. Y., Sept. 8-6, 1901. 

"»For an Interesting development of boards for arbitration within the trade 
Bee: — Constitution of the International Brotherhood of Brass Workers, 1890, 
Art. 14, Sec. 1. "Whenever any grievance arises between members of this 
organization and their employers, the shop committee shall use every effect to 
arbitrate and settle the difficulty. If unable to effect a settlement the shop 



[104] 



SCHAFFNEB LABOR CONTRACT 105 

organization in 1890.'* This has been due in part to the con- 
centration of business in large factories with the consequent 
combination of workmen, and also in a large measure to the very- 
efficient officers at the head of the International Union. 

The Amalgamated Woodworker-s' Council of Chicago has for 
a number of years"' entered into agreements with the Mill Men's 
Club of Cook county. These agreements in general provide 
for the employment of union men, the use of the union stamp, 
the adoption of a minimum wage scale, the exclusion of piece 
work, the regulation of apprenticeship, the recognition of union 
representatives, and the establishment of an arbitration commit- 
tee to settle disputes."® Local agreements"^ exist in most of the 

committee shall report to tlie president ol the local brotherhood who shall 
call a special meeting to take action on the same. 

Sec. 2. The local brotherhood shall then appoint a committee of three . . . 
the president and two others, who shall immediately endeavor to arbitrate and 
effect a settlement. 

Sec. 3. If the local brotherhood is unable to effect a settlement, it shall then 
be referred to the international executive board within forty-eight hours. 

Sec. 4. The international executive board shall have full power to arbitrate 
and settle all diflculties and grievances that may arise. 

Sec. 5. The International brotherhood guarantees its moral and pecuniary 
support to all its members in difficulties which may arise between them and 
their employers. 

Sec. 27. In places where more than one Local holds a charter, said Locals 
shall form a joint strike committee for the management of all strikes or lock- 
outs." 

Also see the Constitution of Brass Moldera' Union, No. 1 of Chicago, 1890, By- 
laws, Art. 6, Sec. 1, which provides as follows : "In case of trouble of any kind 
in any shop no member or any number of members can declare that shop on 
strike without first bringing the trouble before the union and the union must 
sanction the strike by a two-thirds vote before any of the members will b» 
allowed to quit work. Any member going on strike without first being au- 
thorized to do so by this union will be fined .flO, and if not paid, will be ex- 
pelled." 

For present regulations in the trade see Metal Polishers, Buffers, Platern, 
Brass Molders £ Brass Workers International Union of North America, Due 
Book and Constitution, N. Y., 1902. 

MFor £Ui account of the first steps in the formation of the Machine Wood- 
workers' International Union of America see the Machine Woodworker, Dec. 
1890, and Sept., 1891. For a statement of their principles see the Constitution, 
adopted at Bt. Louis, Aug., 1890; revised at Chicago, Dec. Btth to Slst, iSTO. 

'= See Cyclopedia of Information for Woodworkers for the agreement en- 
tered into Oct. 4, 1897. 

"For a typical agreement between the AnMUga/niated Woodworkers Council 
of Chicago and the employers see appendix 11. 

"The following form has been commonly used by local unions of woodworkers 
In bargaining with employers. 

Amalgamated Wood-workers International Union. 
Articles of Agreement. 

Agreement entered into on this, the day of • — -, 18 — , between 

[105] 



106 BULLETIN OF THE UITIVERSITY OF WISCOHSIIT 

large cities and in the smaller towns whicli are wood-working 
•centers. 

The woodworkers' union has been involved in a large number 
of demarcation disputes. On the one hand they have met the 
opposition of the Brotherhood of Carpenters and Joiners which 
■claims jurisdiction over work covered by the woodworkers and 
on the other hand they have had controversies with the United 
Order of Box Makers and Sawyers because this union covers 
work over which the woodworkers claim jurisdiction. With the 
rapid development of various lines in the woodworking indus- 
tries it has been inevitable that factional differences should dis- 



, manufacturer ot , part — of the first part, and the undersigned rep- 
resentatives of Amalgamated Wood-Workers' Union, No. of , parties 

of the second part. 

Article 1. The part — of the first part hereby agree — to hire none hut mem- 
bers in good standing of the Amalgamated Woodworkers' International Union, 
who carry the card issued by the above branch of said organization, or who shall 
signify their intention, or ma^e application for membership in said union. 

Article 2. The representative of the Amalgamated Woodworkers' Union No. 
■ shall have access to the factory of the part — of the first part at any rea- 
sonable time. 

Article 3. The minimum scale of wages for cabinet makers and bench hands 

shall be $ for hours ; for machine hands, $ ■ for hours, and 

for finishers, $ for hours, and it shall be understood that all em 

ployes who receive more than 'he foregoing scale shall not be subject to anj 
reduction in said wages by reason of the adoption of this minimum scale. 

Article 4. In consideration of the above the parties of the second part hereby 
agree that the part — of the first part shall be furnished, and have the right to 
use the union label issued by the Amalgamated Woodworkers' International 
Union. 

Article 5. Party of the first part may have one apprentice to every ten 
bench men, or fraction thereof, and one apprentice to every five machine men, 
or fraction thereof. Each apprentice shall serve a term of three years at the 

following rate of wages ; "First year, per day ; second year ■ per day, 

and the third year per day. No one shall be accepted as an apprentice 

who is over twenty years of age. Apprentices over sixteen years of age shall 
be obliged to carry the apprenticeship card of the Amalgamated Woodworkers' 
Union, No. — — of . 

Article 6. In the event of any dispute arising between the parties to this 
agreement, then the part — of the first part, along with a representative or rep- 
resentatives of the Amalgamated Woodworkers' Union, shall endeavor to arrive 
at a settlement that will be satisfactory. In case no settlement is arrived at 
then the part — of the first part shall appoint one member, the parties of the 
second part another member, and the two parties so selected shall appoint a 
third member of an arbitration committee whose decision in the matter shall be 
final. 

Article . This agreement shall be in force from the date of the signing 

hereof until . 

For the part — of the first part. For the parties of the second pwrt. 

(Seal) (Seal) 

(Seal) (Seal) 

Strike out objectionable matter, and insert special articles not provided for 
above. 

[106] 



SCHAFFNEK LABOE CONTEAGT 107 

turb the separate groups of workmen organized into separate 
unions. Such differences are qnite common in the early stages 
of development of labor organizations. With more complete 
organization petty differences due to demarcation disputes are 
usually eliminated through the disinterested efforts of labor 
leaders in neutral unions, who act as arbitrators between con- 
tending organizations. Gradually adjustments in accord with 
the nature of the different employments are worked out and 
the dividing lines between trades become definitely established.** 
The Coopers' International Union,'" and the United Order of 
Box Makers and Sawyers have also developed the joint agree- 
ment system within recent years. 

Olass and Pottery Trades. In the glass and pottery trades^ 
wage scales and other conditions of employment have been 
agreed upon in annual conference for quite a number of years. 
In 1885, the Flint Glass Manufacturers' Association, composed 
of 17 firms, created a general lockout by closing their works 
against all union men. In 1893, the United States Glass Com- 
pany inaugurated a lockout against union men which lasted for 
three and one-half years. Similar fights were carried on at va- 
rious times. Nevertheless, the union continued to grow and at 
the present time it controls 85 per cent of the workmen, or prac- 
tically all of the skilled labor in the flint glass trade. When the 
National Glass Company was incorporated in 1899, it permitted 
all of its nineteen separate works to be unionized rather than 
face a strike of union men who objected to working in the same 
establishment with unorganized labor.^ The glass trade furnishes 
a striking example of concentration in industry followed by cor- 



»' Compare the action of tlie CMcago Federation of Labor, in June, 1902, In 
establishing a commission composed of one delegate from each affiliated union, 
to adjust demarcation disputes among contending unions. 

»» The Coopers' International Union, Constitution, 1392; Art. 4, Sec. 1, provides 
that "all difficulties arising between employers and employees shall be referred 
to the local Executive Board who shall constitute a Board of Arbitration who 
alone shall have power to order strikes." The agreements made by the Coopers 
generally provide for arbitration of disputes not covered in the written contract. 

' For conditions in the pottery trades see the Wage scale adopted by the Sani- 
ta/ry Manufacturing Potters' Association and National Brotherhood of Operative 
Potters, to take effect July 7, 1V02. Trenton, N. J. 1902. 

2 Testimony of Addison Thompson, Secretary of the National Glass Company 
before the Industrial Commission, September 12, 1900, U. S. Ind. Com. Report, 
Vol. 7, 828-41. 

Also see testimony of James Campbell, Bx-Presldent Glass Workers of Amer- 
ica given March 9, 1899 ; 43-54. 

[107] 



108 



BULLETIN OF THE tTNIVEESITY OF WISCONSIN 



responding combinations of labor which insisted upon the right 
of organized collective action in order to maintain the position 
they had enjoyed under individual production.' 



' For typical scales adopted by the American Flint Glass Workers Union 
and the Associated Glass Manufacturers see the following: Wage and move list 
of the paste mould department adopted iy the Associated Manufacturers & A. P. 
O. W. U. in joint committee meeting. Revised iy conference, August, 1899; Price 
list of the prescription T)ranch revised at a revresentative conference meeting 
tetween the Western Flint Bottle Association and the A. F. 0. W. U. 1900-1901; 
Revised wage and move list of the Chimney iranch, A. F. O. W. U., made at 
Muncie, Ind., 1S99, and revised by the conference of mnnufacturers and workers 
in 1900; to continue in effect until June SO, 190B; Price Ust adopted by the Glass 
Bottle Blowers' Association of the United States and Canadoi, and the Flint Pre- 
scription Manufacturers' Association, oipplying to covered pots only. Blast of 
1902-190S. Camden, N. J. 1902. 

The following form of agreement, used by the glass workers In Illinois, Illus- 
trates the main features of collective contracts in the glass working industry. 

Glass Workers. 

Agreement entered into this .... day of . . . . , 190 .. , between manu- 
facturers of parties of the first part, and the undersigned representatlyei 

of Local No. 1 of Chicago, Amalgamated Glass Workers International Associa- 
tion of America, party of the second part. 

Article 1. The party of the first part hereby agree to employ none but mem- 
bers of the Amalgamated Glass Workers International Association who carry 
the current quarterly working card of said association or those who are willing 
to become members of said association and are competent workmen and eligible 
to membership in said union. 

Article 2. Should It appear that the party of the first part employs any per- 
son or persons who are not eligible to membership in the Amalgamated Glass 
Workers International Association then such employes shall be or become mem- 
bers of the organization to which they may belong. 

Article 3. The following minimum scale of wages shall prevail : 



Per hour. 

Roughers $0 30 

Smoothers 30 

Emeryers 30 

White wheelers 27 

Eoughers 27 

Scratch markers 31 

Scratch polishers 25 

Scratch polishers machine 

hands 23 

Silverers 

Sllverers helpers 22% 

Wheel cutters 

Bevelers on lead work 25 

Designers (stain glass) 30 

Designers (sand blast) 36 

Figure painter (class B) 41 

Draughtsmen 35 

Glass painters cartooners 59 

Drapery painter (class C) . . . . 35 

Canopy emblem painters(class D) 28 

Glass cutters 31 

Cutter, assistant mirror 25 

Metal sash glaziers 31 



Per hour. 
Lead glaziers ?0 28 



Prism glaziers 

Glass setters (inside) 

Glass packers 

Cementers 

Pattern cutters (stain glass) 

girls only 

Kiln tenders 

Emergency men 

Tracers (sand blast) 

Stencil makers 

Gilders 

Stencil foil cutters 

Free hand foil 

Finishers 

Chippers 

Washers 

Bnamelers 

Machine men 

G'ass sign builders 

Transferers 

Gi'ass sign builders 

Helpers 



25 
25 

22% 
19% 

21 

30 

25 

28 

23 

17 

28 

17 

26 

22% 

25 

25 

22% 

17 



And It shall be understood that any or all employes who are receiving more 

[108] 



SCHAFFNEE LABOR CONTRACT 109 

Mining. In coal mining the beginning of conference commits 
tees can be traced back to 1869 in the anthracite regions. In 
that year the employers' association in the Schuylkill district 

than this minimum scale shall suffer no reduction by reason of the adoption of 
this agreement; it shall be further understood that any branch of this Amal- 
gamated Glass Workers International Association which has no minimum wage 
scale herein specified, shall receiye such scale as the party of the first part and 
the party employed may agree upon. 

Article 4. Section 1. Nine hours shall constitute a days work for all 
branches of the trade involved In this agreement, except designers, cartooners, 
draughtsmen and glass painters, for whom eight and one-half hours shall be a 
day's work. 

Section 2. It is agreed that all employes shall end their day's work one hour 
earlier on Saturday. 

Section 3. Beginning with the first Saturday in May and ending with the 
first Saturday in September all employes shall have Saturday afternoon off, 
no time over nine hours in any one day shal! be worked during the week to 
make up for time lost on Saturday, unless such time is paid for at the rate of 
time and one-half. 

Article 5. Time and one-half shall be paid for all overtime, and double time 
shall be paid after 10 :00 o'clock p. m., also for Sundays and the following legal 
holidays: New Years. Decoration, Fourth ot July, Thanksgiving and Christ- 
inas days, and under no circumstances will a member of the organization be 
allowed to work on Labor day, and it shaU be understood that over-time shall 
begin at the end of any regular day's work and shall be considered overtime 
until the beginning of any regular day's work. 

Article 6. The party of the first part, and the party of the second part, 
hereby agree that all apprentices now ernployed shall remain as apprentices in 
the shop in which tney are employed, and their time of apprenticeship shall be 
three years, from the time they commence to work at the trade, at the follow- 
ing minimum scale of wages : First three months in the first year, on proba- 
tion; second three months, ten (10) cents per hour; the next six months, twelve 
(12) cents per hour; first six months in the second year, fifteen (15) cents per 
hour; next six months, eighteen (18) cents per hour; first six months in the 
third year, twenty-one (21) cents per hour; next six months twenty-five (25) 
cents per hour, and after the expiration of the three years they shall recieve 
the regular minimum scale of wages as specified in article three of this agree- 
ment. 

Article 7. (This article Is to be applied to all apprentices who may com- 
mence to learn the trade after the adoption of this agreement.) The party of 
the first part, may have one apprentice to every ten. (10) journeymen regularly 
employed or a majority fraction thereof and one apprentice to every additional 
ten (10) journeymen regularly employed or majority fraction thereof, each 
apprentice shall serve a term of four (4) years in one shop at the following 
minimum scale of wages : First three months of the first year, on probation ; 
second three months, ten (10) cents per hour; the next six months, twelve (12) 
cents per hour; the first six months in the second year, fifteen (15) cents per 
hour; next six month[s], eighteen (18) cents i>er hour; the next six months in 
the third year, twenty-one (21) cents per hour ; the next six months, twenty- 
five (25) cents per hour ; the first six months in the fourth year, twenty-seven 
and one-half (27%) cents per hour: the next six months thirty (30) cents 
per hour and after the expiration of his apprenticeship he is to receive the 
regular scale of wages as provided for in article three of this agreement. No 
one shall be accepted as an apprentice under sixteen (16) years of age or over 
twenty (20) years of age. All apprentices shall carry the current quarterly 

[109] 



110 BtrLLETK2ir OP THE UNIVEKSITY OF WISCONSIN 

reached an agreement with their employees and adopted a scale 
of prices.'' The operators became dissatisfied with the scale and 
the following year proposed a reduction in wages, The miners, 



apprentice working card of the Amalgamated association, and It is understood 
that all apprentices learning to cut stained glass shall also learn how to make 
patterns. 

Article S. The parents or guardians (if any) of all apprentices shall be 
Informed of the condition of this agreement, pertaining to their case, and if 
they have no objections then such applicant for apprenticeship may be 
employed as specified in this agreement. 

Article 9. Should any employer cease to do business and thereby throw an 
apprentice out of employment, then such apprentice may work for any employer, 
who may desire his service until there is an opportunity of placing said 
apprentices in regular apprenticeship. Should any apprentice leave his place 
of employment before the expiration of his term of apprenticeship, then the 
pa[rlty of the second part herehy agrees not to permit such apprentice to 
work in any shop under their jurisdiction. 

Article 10. It is hereby agreed by the party of the first part, that the 
authorized representative of the party of the second part shall have access to 
that part of the shop or factory where members of the party of the second 
part are employed, Ut any reasonable time, after such representative has applied 
at the office or to the person in charge of the shop or factory, such representa- 
tive shall make a brief statement of the object of his call ; he shall make no 
unnecessary delay in attending to the matter for which he has called for. 

Article 11. It Is further agreed that a strike to uphold the articles herein 
set forth or to uphold union principles shall not be considered u. violation of 
this agreement. 

Article 12. There shall be apppolnted from among the regular employees of 
each shop or factory a steward who shall hear complaints and grievances of 
all kinds and if he finds them well-founded he shall endeavor to adjust the 
same with the employer or his representative, or he may refer the same to the 
union or to their authorized representative. 

Article 13. All goods manufactured by the party of the first part shall bear 
the label or trade mark of the Amalgamated Glass Workers International 
Association, which label or trade mark will be furnished free of charge to all 
employees who have signed this agreement. 

Article 14. The party of the second part hereby agrees to continue to do 
all in their power and to save no expenses to bring about conditions throughout 
the country comparatively similar to the articles herein set forth. 

Article 15. It is agreed that between the 1st and 15th of April, of each 
succeeding year, the party of the first part and the party of the second part 
will meet for the purpose of discussing the conditions of the trade and for 
the purpose of the renewal of this agreement or of making any desired change 
in the same. 

Article IG. In all cases where an employer works at any of the branches 
of the crade herein mentioned, then such employer or employers agree to 
work only during such time as at least a majority of his or their employees 



* During the strike in the summer of 1869 the Executive Committee of the 
Coal Association of the Schuylkill region submitted a scale to the men. At a 
meeting of the General Council of the Workingmen's Benevolent Association 
the proposition of the operators was considered and It was resolved, — "That 
. . all districts or branches that can agree with their employers as to- 

basis and condition of resumption, do resume work." 

[110] 



SCHAFFNEK LABOR CONTRACT 111 

thereupon went on strike but before the end of 1870 a compro- 
mise scale was adopted.' In 1871, there was trouble again over 



are also working and any infringement on tliis article by any employer shall 
be considered a violation of this agreement. 

Article 17. The party of the first part hereby agrees not to deliver any 
material to any employer on whom a strike has been called, after forty-eight. 
(48) hours notice has been given in writing hy the party of the second part. 

Article 18. In the event of any dispute between the parties of this agree- 
ment, the party of the first part and the representative of the party of the 
second part, shall endeavor to arrive at a satisfactory settlement and in case 
no settlement can he arrived at then the party of the first part, and the party 
of the second part, shall each appoint a practical man, and those two shall 
appoint a third within forty-eight (48) hours after any dispute has arisen, the 
three to act as a Board of Arbitration, whose decision shalU be binding on both 
parties of this agreement. Daring this time no strike or lockout shall be 
declared by either party. The decision of the arbitration committee shall take 
effect from the time said committee went Into session ; the expenses of this 
board to be borne by both parties. 

Article 19. Should this agreement be signed by an authorized representative 
of an employers' association th[e]n a. list of the names of all employers so 
[a]£Cected shall accompany this agreement. 

Article 20. This agreement shall take effect on the day 

of 190 and shall continue in effect until the 

day of 190 

For party of the first part. For party of the second part. 



^ The following agreement supplementary to and explanatory of the scale was- 
also adopted : 

Agreement. Made at Potsville this 29th of July, 1870, between the Oom- 
mtttee of the Anthracite Board of Trade and the Committee of the Working- 
men's Benevolent Association. 

"It is agreed that the WorMngmen's Benevolent Association shall not sustain 
any man who is discharged for incompetency, bad workmanship, bad conduct, 
or other good cause ; and that the operators shall not discharge any man or 
oflBcer for actions or duties Imposed upon him by the Workingmen's Benevolent 
Association. 

It is further agreed that the spirit and intention of the resolution (called 
the equalization resolution) passed by the Workingmen's Benevolent AssociaUon, 
Is that each man shall work regularly ; and it is the place of the bosses and 
operators to see that he does. . . . 

For obtaining the price of coal monthly, the president of the Antlvraoite 
Board of Trade and the president of the Workingmen's Benefit Association of 
Schuylkill County shall meet on the twentieth day of each month and select 
five operators who shall on the 25th inst. following produce a statement, sworn 
or affirmed to, of the prices of coal at Port Carbon for all sizes above pea coal. 

The five operators shall be selected from the list of those sh'pping over forty 
thousand tons annually, but none shall be selected the second time until the 
list is exhausted. 

The price of coal so obtained shall fix the rate of wages for that month ; 
and this agreement in regard to the mode of obtaining prices shall remain In- 
force during the year 1870." 

[Ill] 



112 BTJLLETIN OS THE UNIVEESITT OE WISCONSIN 

the recognition of unions, and the question of wages and condi- 
tions of employment. These questions were finally settled by 
arbitration.^ Within a few months the price of coal fell consid- 
erably below the basis adopted. Although it was a violation of 
their agreement, the miners demanded that wages should con- 
tinue on the scale basis and the employers were forced to con- 
cede to their demands in one company after another.^ The lack 
of a conciliatory spirit and the want of good faith on both sides 
brought these first attempts to form joint agreements to an end 
early in the seventies. 

The miners^ and operators" in the bituminous coal regioiis 
have furnished many examples in making mutual concessions 
and in keeping good faith in collective bargaining. 

After continuous strikes and lockouts for over ten years in 
the bituminous coal regions, traces of a more conciliatory spirit 
came into evidence in the early eighties. January 3, 1880, sev- 
eral hundred miners obtained a scale of wages from operators 



' In the articles of agreement adopted between the Anthracite Board of Trade 
and the Miners' and Lahorers Benevolent Association pro-visions for future 
arbitration was made as follows : 

"I. All questions of disagreement in any district, excepting wages, which 
cannot be settled by parties directly interested, shall he referred to a district 
board of arbitration, to consist of three members on each side, with power, in 
case of disagreement, to select an umpire whose decision shall be final. No 
colliery or district to stop work pending such arbitration. 

II. If any question arises involring the whole county, a board of arbitration 
shall be chosen, consisting of flye members on each side, with the same rights 
and duties as for district boards." 

'Pennsylvania, Bureau of Industrial Statistics, Report, 1880-81, 286-305. 

' For the general principles of the United Mine Workers see the Constitution 
and Laws of the United Mime Workers of America EstaiUshed Jam- 25, i890. 

Also compare the Official Prospectus, Journal, and Roll of Honor of District 
No. 12 of the United Mine Workers of America Containing a History of the 
Mining Industry of Illinois, History of the United Mine WorKers of America, 
Aims and Objects, etc., Chicago, ISOO. 

Also see the Report of William B. Wilson, lfationa,l Secretary-Treasurer of 
United Mine Workers of America Year Ending Dec. SI, X902. 

The general policy of the United Mine Workers may be seen in the Minutes 
of the Annual Conventions from 1900 to 1902; and In the Minutes of th» 
Special Convention, Called to Consider the Anthracite Strike, Indianapolis, 
Ind., July 11, IS and 19, 1902. 

' For the principles of the Illinois Coal Operators Association see their Con- 
stitution adopted Jan. 29, 1901; Effective April 1, 1901. 

Also see pamphlets by Herman Justi, Commissioner at the Illinois Coal Opera-- 
tors Association, on Plans of Conciliation amd Arbitration ; The Illinois Coal 
Operators' Plan for Preventing Strilces; Organization of the Employers Class; 
and, Common Sense and the Labor ProMem. 



[113] 



SCHABFNEE LABOR CONTRACT 113 

in the Mineral Ridge district of Ohio. Similar concessions were 
made by operators in several other localities about this time. 
These scales applied only to single mines and were usually ob- 
tained as concessions after successful strikes.^" The first move- 
ment toward forming a national system- of collective bargain- 
ing in the bituminous fields occurred in 1885. In that year a 
conference was held between representatives of the operators 
and miners of Ohio, Indiana, the northern district of Illinois, 
and the western portion of Pennsylvania. The following year 
they held another conference at which they entered into an agree- 
ment and adopted a scale of wages adjusted to the various com- 
petitive districts. These interstate agreements fixing the scale 
of wages and regulating conditions of employment, were entered 
into for three successive years. In 1889, the operators of the 
eastern, central, and southern districts of Illinois refused either 
to take part in the conference or pay the scale of wages made 
for their districts. Their competition compelled the operators 
of northern Illinois to withdraw and so this first interstate, joint 
conference movement came to an end. At the last annual con- 
ference one of the operators from Pennsylvania said: — "Three 
or four years ago ... we met together. . . . After a 
great deal of discussion and several conferences, we found a com- 
mon standing ground. "We formulated scales; we established 

peace "We established good will where before had been 

either open warfare or an unfriendly peace. . . . "We have 
accomplished marvelous results during the last three years. 
"We are convinced of the wisdom and justice of the principles of 
arbitration. . . . "^^ This witness to the value of joint agree- 
ments was endorsed by the subsequent action of the miners and 
operators of Ohio and Indiana, who continued to meet in separate 
state conferences after the interstate meetings had come to an 
end.i2 
From 1890 to 1896 the wages of bituminous workers in lUi- 



"Ohio, Bureau of Labor Statistics, Fourth Annual Report, 1176. 

" Miners and Operators Fourth Annual Conference held at Indianapolis, Feb. 
5-7, and at Columbus, Mar. 12-14, 1889. Official Verhatim Report 113, 114. 

"Testimony of Jobn Mitchell, President of United Mine Workers of America, 
before TJ. S. Industrial Commission, July, 1901. Ind. Com. Report, XII. 698. 

8 [113] 



114 BULLETIN OF THE UNIVERSITY OE WISCONSIN 

nois decreased some 17 per cent. In other mining districts wages- 
declined sharply. In the early part of 1894 the United Mine 
Workers of America agreed in their convention that they would 
require a uniform scale of all coal operators in the country. The 
refusal of operators to concede the rate, resulted in a general 
strike in which more than 125,000 workmen were involved. 
After eight weelvs the strike resulted in a compromise. 

The disastrous results of the bituminous coal strike of 1897 
upon miners and operators alike, led to an understanding 
whereby a joint conference of the operators and miners of Illi- 
nois, Indiana, Ohio and the western part of Pennsylvania was 
held in the spring of 1898.^^ This conferences^ agreed upon a 
scale of wages and the conditions of employment which were to 
prevail in the four competitive districts for the following year. 
Since that time a joint conference has been held each year.^" 
Some of the substantial results which bituminous miners have 
obtained from this system of collective bargaining are: — ^An 
average increase of 40 per cent in wages, the establishment of 
the 8-hour working day, the semi-monthly payment of wages in 
cash, and the regulation of the size of the screens. On the other 
hand, the operators have gained through the establishment of a 
fair competitive basis, and the adjustment of labor disputes 
without interruption of work.^* 

A strong guarantee for industrial peace is found in the elab- 
orate system of arbitration within the trade, which has been 
developed in these joint annual conferences between bituminous 
miners and operators.^^ The present agreement between the 



'=Ibid, 698, 699. 

" For a complete account of this conference see Official Report of Prooeed- 
inge of the Joint Conference of Miners and Operators, Held at CMca^o, III., Jan, 
11-28, J893. 

'=See the Official Report of Proceedings of the Annual Joint Conference of 
Miners and Operators of Illinois, Indiana, Ohio, and Pennsylvania in Inter- 
state Convention, for the years 1899-1902. 

Also compare the Proceedings of the Joint Convention of the Illinois Coal 
Operators Association, and the United Mine Workers of America, District 12, 
Fel).2i to March IS, 1902. 

"Testimony of Hermon Justt. Commissioner Illinois Coal Operators' Associa- 
tion, before the U. S. Industrial Commission, May 13, 1901. Ind. Com. Report, 
XII, 677-97. 

" For typical agreements see the Joint Interstate Agreement, the Illinois 
State Agreement, and the District and Local Agreenients, for the Scale Year 
Ending March SI, 1901. Issued Oct. 1, 1900, iy the Commissioner of the 
Illinois Coal Operator's Association. 

[114] 



SOHAFFNEE LABOE CONTRACT 115 

Illinois Coal Operator's Association and the United Mine 
"Workers of America, District, Number 12, makes the following 
provision for the adjustment of disputes: "In case of any- 
local trouble arising at any shaft through such failure to agree 
between the pit boss and any miner or mine laborer, the pit 
committee and the miners' local president and the pit boss are 
empowered to adjust it; and in the case of their disagreement 
it shall be referred to the superintendent of the company and 
the president of the miners' local executive board, where such 
exists ; and shall they fail to adjust it — and in aU other cases — ■ 
it shall be referred to the superintendent of the company and 
the miners' president of the sub-district; and should they fail 
to adjust it, it shall be referred in writing to the officials of the 
company concerned and the state officials of the United Mine 
Workers of America for adjustment, and in all cases the miners 
and mine laborers and parties involved must continue at work 
pending an investigation and adjustment until a final decision 
is reached in the manner above set forth." To provide against 
any possible interruption of work, except in case of a general 
strike of the entire district, the contract further provides that, 
if any men refuse to continue work on account of a grievance 
which has not yet been adjusted, and if such action is likely to 
impede the operation of the mine, then the pit committee shall 
be under obligation to furnish men to take the vacant places 
at the scale rate, and members of the United Mine "Workers shall 
be in duty bound to fill the positions so appointed by the com- 
mittee. This arrangement places the whole strength of the Na- 
tional body back of the enforcement of the contract. This guar- 
antee of peaceful adjustments is one of the advantag-es gained 
by operators from their full "recognition" of the local and na- 
tional unions. 

Tra/nsportation. The systems of collective bargaining in force 
on our leading railways, present a marked contrast to the 
methods of individual bargaining during the early period of 
organization among railway employees. The one-sided attempts 
of either employers or employees to modify conditions of em- 
ployment during the period of weak organizations among rail- 

[115] 



116 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

way workmen invariably resulted in desultory warfare^* in 
which both sides suffered. That the railway strikes of the 
seventies were largely due to the attempt of employers to de- 
termine conditions of employment "without any interference 
with their business" by their workmen is indicated by various 
lines of evidence. The Joint Committee of the Pennsylvania 
Legislature appointed in 1878 to investigate the causes of the 
strikes reported that "The riots grew out of the strike of the 
railroad men, and the strikes themselves were the protest of 
the laborer against the system by which his wages were arbi- 
trarily fixed and lowered by his employer without consultation 
with him and without his consent. There are many other causes 
that combined to bring about the strikes, but the cause mentioned 
underlies the whole question, and it is the foundation of all the 
trouble." Since that time organization among railway em- 
ployees has developed until their participation in fixing condi- 
tions of employment is "recognized" as a matter of course for 
the stronger unions and questions in dispute are usually settled 
in peaceful conferences between representatives of the companies 
and of the workmen.^' 

At the present time the Locomotive Engineers,^" the Railway 



•* For an account of railway disputes during this period see the Pennsylvama 
Bureau of Industrial Statistics Report for 1880-81. See especially the accounts 
of the strike on the Pennsylvania Railroad, in 1873 ; on the Erie, in 1874 ; 
on the Delaware, Lackawanna, and Western, in 1875 ; on the Ohio and Mis- 
sissippi, and on the Delaware, Iiackawanna and Western, in 1876. For the 
great strikes of 1877, see the Report of the Joint Committee of the State 
Legislature of Pennsylvania appointed in 1878 to "examine into . . . the 
railroad riots." The railroads involved in these strikes Included : The Balti- 
more and Ohio ; the Pennsylvania Central ; the Lake Shore and Michigan 
SouthernI : the Erie ; the Pittsburg, Cincinnati and St. Louis ; the Pittsburg, 
Fort Wayne and Chicago ; the Vandalia ; the Ohio and Mississippi ; the PhiOa- 
delphia and Reading; the Philadelpha and ETie; the Cleveland, Columbus, 
Cincinnati and Indianapolis ; the Erie and Pittsburg ; the Chicago, Alton and 
St. Louis ; the Canadian Southern ; and some minor roads. 

"The following periodicals devoted to the interests of railway employees 
give contemporary data as to the condition of workmen in different branches 
of the railway service : Brotherhood of Locomotive Engineers' Journal, Loco- 
motive Firemen's Magazine, Baillway Conductor, Journal of the Switchmen's 
Union, Railroad Telegrwpher, Railroad Trainmen's Journal, Trackmen's Advance 
Advocate. 

"See Grand International Brotherhood of Locomotive Engineers, Constitution 
and By-laws. Instituted at Detroit, Mich. Aug. 17, 186S, as the Brotherhood 
of the Footboard. ReorganisHed at Indianapolis, Ind. Aug. 17, 186i under Pres- 
ent Name and Title. Revised, May, I89i, Cleveland, 1892. Section 8 of the 
standing Rules reads as follows : "Any chairman of a general committee of 



[116] 



SGHAFFNEE LABOE CONTRACT llY 

Conductors, the Locomotive Firemen/^ and the Railroad Train- 
men''^ all have elaborate systems for carrying on negotiations with 
employers. Their agreements are made with the separate rail- 
way companies^^ in conferences between officers of the brother- 
hoods and those of the railroads. 



adjustmeut when called upon by one or more sub-divisions on his system, 
shall be empowered in conjunction with local committees to adjust if possible 
all dilTerences that may arise betweeen members and their employers without 
convening the general committee of adjustment. If unsalaried his pay for such 
services shall be raised by an equal assessment on the members of the sub- 
division or sub-divisions making the call who are employed upon said system." 

Also see the Standing Rules, 1902, of the Grand International Brotherhood of 
Locomotive Engineers, given in appendix 4. 

»See Brotherhood of Locomotive Firemen, Organised Dec. 1, 187S, Oonsti- 
etitutlon Revised Sept, 1892 Terre Haute, Ind. 1892. 

Also see the Rules Relating to Loeomotlve Firemen on the Chicago, Rock 
Island, and Paaific Railway for 1902. Given in Appendix 5. 

^''Sea Brotherhood of Railroad Trainmen, Organised at Onaonta, N. Y., Sept. 
SS, 188S; Constitution amd Qenero,l Rules, Revised and Amendled . . . in 
Effect on and after Aug. 1, 1901. Cleveland, 1901. 

^'Agreement between the Ohio and Mississippi Railway Company, and the 
Brotherhood of Locomotive Engineers and Brotherhood of Locomotive Firemen, 

mo. 

Schedlue of Wages to be Paid Engineers and Firemen on the Ohio & 
Mississippi Railway. 

Article 1. The rate for passenger engineers shall be three and two- 
elevenths (3 2-11) cents per mile; the rate for freight engineers shall be four 
(4) cents per mile for four wheel and six wheel connected engines ; and four 
and one-fourth (4%) cents per mile for consolidated engines. In all cases 
where freight trains turn at Cochran and Vincennes there shall be an allow- 
ance of twenty (20) miles as an extra basis of pay, and local rate with 
twenty (20) miles added shall be paid for the train known as the Lebanon 
Coal train, to any point where it may run. 

The firemen of road engines to be paid flfty-four (54) per cent of the rate 
of wages paid to their engineers. 

Article 2. The rate of local or way freight engineers shall be five (5) cents 
per mile actual milage' on the main line, and four and one-half (4%y cents 
per mile on the Springfield Division and Louisville Branch. 

Article 3. Switching engineers on the Springfield Division shall be paid two 
dollars and fifty cents ($2.50) per day's work, twelve hours or less to constitute 
a day's work. 

Article 4. Engineers running between Watson .Junction and Jeffersonville 
shall be paid three dollars and twenty-five cents ($3.25) per day's work, twelve 
hours or less to constitute a day's work. 

All other rates not specified in these articles to remain as heretofore. 

Article 5. When, after being called for trains at terminal points, engineers 
are delayed two hours or more, they shall be paid thirty-five (35) cents per 
hour for the whole time delayed, less thirty (30) minutes; if delayed less than 
two hours, no allowance to be made. 

Article 6. Engineers and firemen dead-heading over the road under orders 
shall be paid two cents per mile for distance traveled. 

Article 7. Switching engineers and firemen having regular engines shall not 
be held off to give work to extra men. 

Article 8. Engineers called from duty on Company's business shall be paid 

[117] 



118 BULLETIN OF THE TJNIVEESITT OB" WISCONSIN 

Practically all of the railway companies now recognize the 
stronger brotherhoods and deal directly with their officers. 
The organizations of the less skilled employees^* are much weak- 
er and up to the present time they have not had so great an 
influence in determining their conditions of employment. 

Street railway employees have also been able to secure col- 
lective contracts within recent years. The principal conces- 
sion which they have so far been able to gain through collective 
action has been a shortening of the hours of work.^° 



three dollars and fifty cents ($3.50) per day and expenses, and firemen one 
dollar and eighty cents ($1.80) per day and expenses. 

Article 9. Promoted firemen to be eligible to lull pay of freight engineer after 
one year's service as engineer; and, when promoted, to be paid three (3) cents 
per mile for the first six months, and three and one-half (3%) cents per mile 
for the second six months. 

Article 10. If any engineer or fireman shall be suspended or discharged, he 
shall be entitled to a fair and Impartial hearing with the priyilege of calling 
witnesses to testify on his behalf ; and, if he be exonerated, shall be re-instated 
and paid for time lost ; such hearing and investigation shall be had within ten 
days from date of such suspension or discharge unless insuperable difficulties 
prevent. It being intended that he shall have a hearing at the earliest reason- 
able, practicable date. 

Article 11. Fines shall not be imposed upon engineers for loss or breakage 
of tools, or damage to rolling stock, or for killing live stock. 

Article 12. Right to regular engines or runs shall be governed by seniority 
and capacity in road service on respective divisions, provided record is otherwise 
good. 

Artice 13. The list of extra men shall not be increased by the addition of 
new men as long as extra men can do the work and make reasonable wages. A 
monthly statement from the pay-roll of wages made by extra men shall govern 
such cases. 

Article 14. A copy of these articles shall be placed in the hands of the Mas- 
ter of Eolling Stock, Superintendent and Train Masters for reference. 

Article 15. The above to be acted upon in good faith on the part of the 0. & 
M. Railway Company and its engineers and firemen. Thirty days' notice of a 
desire to change the main features of this schedule of wages shall be given by 
either party desiring it, to provide ample time for careful consideration and con- 
ference about the subjects submitted. 

Ohio and Mississippi Railway Company, by 

(Signed), J. F. Barnard, 

President. 
(Signed), W. N. Cox, 

For the B. of L. E. 
(Signed), Jas. Gabriel, 

For the B. of L. F. 

"^See Switchmen's Mutual Aid Association of North America, Constitution 
and By-laws, Adopted . . isse. Revised, 1S9B/ International Brother- 

hood of Maimtenance-of-wwy Employes, Constituton of grand lodge and iv- 
la/ios for subordinate lodges. Revised and amended at St. Louis, Mo., 
190S; and Order of Railway Telegraphers, Constitution . . . 1901. 

^^ Interview with W. D. Mahon, President Amalgamated Association of Street 
Railway Employees of America, May, 1902. 

For a brief statement of conditions in street railway employment see: 

[118] 



SCHAFFNEE LABOE CONTEACT 119 

Among the groups of workmen connected with water trans- 
portation the longshoremen^" have entered into national agree- 
ments with their employers.^^ 

Cigar Making. The President of the Cigar Makers' Inter- 
national Union recently declared that "the most potent factors 
which go to make a union strong and permanent are, first, high 
dues; second, a beneficial system; third, discipline — ^which can 
only be had where the first two are in operation ; and fourth, a 
union label where convenient to use." 

That a wise use of these several factors has been effective in 
the case of the cigar makers is evidenced by the history of the 
CSgar Makers' International Union. "Within the past three 
decades this union has organized a straggling lot of sweatshop 
workers into a disciplined body of union men. 

Before the organization of the International Union the evils 
of child labor, of tenement manufacture, and of the truck sys- 
tem were characteristic features of the trade. ^* 

Through organized coUeetive action the truck system has 
been entirely abolished, child labor and tenement house manu- 
facture have been eliminated in all but non-union shops, the 
eight-hour day has been established, and the general standard 



Amalgamated Assooiation of Street Baiilway Employes of America^ OrgoMized/ 
at Indianapolis Ind., Bept. IStli, 18X, Constitution and General Lanes 1895, 
and Tear Book, Giving Wages, Sours of Labor and Condition of the Organlma- 
tion, Detroit, 1901. 

™ For forms of organization among longshoremen see Longshore Lumber 
Handlers' Assooiation By-laws, N. Y. 1888, and International Longshoremen, 
Marine and Transport Workers' Assooiation, President's Annual Report to the 
Delegates, 11th Annual Convention, 1902, 

" In an address before the National Conference on Industrial Conciliation 
. held in Chicago in 1900 President Keefe of the International Long- 
shoremen's Association said : "The Longshoremen's organization has insisted 
on all its agreements heing carried out in both letter and spirit. , To illustrate 
the fairness with which the longshoremen deal with their employers, — we have 
in the port of Buffalo a local union which violated its agreement with the 
employers during the month of July while a convention of longshoremen was 
heing held in Duluth, Minn. The matter was brought to the attention of the 
convention and it immediately notified our local represenative to furnish men at 
our expense to take the places of our men who had violated the agreement, 
and they were not members of our organization." 

'''Mr. Perkins, the International President, informed me that workmen were 
forr-.erly paid a certain percentage of the cigars which they made. Practically 
the only available market, in which they could sell these cigars, was in saloons. 
On this account, the truck system encouraged drinking and so had an especially 
demoralizing influence on the members of the trade. 

[119] 



120 BULLETIN OF THE UWIVEESITY OF ■WISCONSIN 

of life has been so raised that in the decade from 1890 to 
1900 the average length of life for union cigar makers was in- 
creased sis years^®. 

These changes have come about slowly and not without in- 
dustrial warfare.^" 

The history of the International Union presents practically 



"^'For vital statistics see : Cigar Makers' Official Journal, Septemter 15, 
1901. 

Also see flies of Official Journal from 1890 to 1900 for statistics as to the 
decrease of tuberculosis among cigar makers and the claims that the decrease 
is due to hetter conditions in the trade. 

"> Interesting records of early strikes are found in the Workingman'e Advo- 
cate and in the Cigar Malcera' Official Journal. The following letter from Cincin- 
nati addressed to the International President la printed in the WorUngmam'a 
Advocate for July 16, 1870, . . . "Show me the record of any union that has 
stood out as manfully against a combination of employers whose sole object was 
(not money) to crush out the existence of the International Cigar Makers 
Union. . . . Again supposing union men would have submitted to any 
bill of prices, the bosses could not have hired them as long as they belonged 
to any union as such was their law. ... In the latter part of 1866 
the bill of prices was as follows: $9.00, $11.00, $13.00 and $15.00 [per 
thousand]. We worked for these prices until October, 1869, when a dollar 
advance was asked and obtained. The bosses then formed their union with a 
view of destroying ours and a few weeks before Christmas discharged all 
hands, not assigning any reason whatever except that they henceforth will 
employ no man belonging to the union. . . eighteen weeks elapsed 

well, after the men were at work some time the bosses individually 
threatened another strike as soon as their stock would be replenished ; also 
that they would import coolies from California. The men thereupon of their 
own accord . . the price of living having been reduced since the war 

and also many other unions being on a strike . . . established a bill of 
prices at $10.00, $11.00, $13.00 and $15.00 ... the same as in 186T, 
1868 and 1869 . with the exception of $1.00 more at present for 

common Ohio cigars. . . . We have every prospect of holding this price, 
a fair one I think, tor some time to come," 

The following letter from Richmond Va., Union No. 133, appears In the 
Cigar Makers' Offloml Journal, Oct. 10, 1879. . . . "On September 9th 
a special meeting of this union was called ... to Inquire into the 
advisability of adopting a bill of prices for this city. . . .On presenta- 
tion of the bill to the bosses, all agreed to accept It except L — . and M — . and 
E — . L — . started immediately for Baltimore for hands but was not successful, 
atferwards eight men . . . were brought from Baltimore 
Seventy-flve of us went to meet them . . . but they got into 
a stage with their employers and were driven to the factory where they 
were kept . . . from Tuesday morning until Thursday night. There 
some of the pickets collared them and they had a talk together ; . . . 
they promised to come to our meeting next day which they did. Ton may 
imagine now bitter the feeling was against them, yet when they explained 
their position . . they were taken into the union. They then refused 

to go to work until the old hands were put to work at the new price. The 
bosses agreed to this and twenty-flve men will go to work on Monday at the 
• union price. We have our sixteen men yet, but hope through perseverence 
and good conduct to make this strike a complete victory for us." 

[120] 



SCHABBNEE LABOE CONTEACT 121 

all the phases through which unions ordinarily are compelled 
to pass before reaching the stage of recognition and of peace- 
ful negotiation with employers on the basis of mutual strength 
and mutual respect. The International President in an ad- 
dress in 1873 briefly outlined the early history of the organi- 
zation as follows: 

"The National Union was created in 1864 in the city of New 
Tork, by the spontaneous act of the local unions already or- 
ganized. Certain powers were conferred on it by the local 
unions which from year to year were extended and enlarged so 
as to meet the requirements and wants of the local unions and 
bind them into one compact body, having one object in com- 
mon, the elevation of the trade of cigar making. But while 
the unions were consolidating themselves no determined effort 
was made to consolidate or organize the great mass of cigar 
makers into the local unions. A few unions came into exis- 
tence by local efforts and became a part of the International 
body, but yet the great mass of the trade had not been reached, 
but remained unorganized."^^ 



'■Caiiuon, W. J., International President, Address at Cleveland, Deo. S ISIS. 
Commenting on the difficulties of tlie time, the President continued : "B>arly 
in its history we find the International Union declare hy law that 'no local 
union shall elect to membership any cigar maker who is under charges to any 
other union.' The failure of a cigar maker to connect himself with a union 
was in itself considered a charge. The jurisdiction of the various local unions 
was so defined as to embrace every cigar maker in the country, and according 
to the construction placed on the laws any cigar maker who failed to connect 
himself with the union having jurisdiction was liable to be fined by that 
union. Practically it made them all unfair men before any effort had been 
made to bring them within a union or to organize them into unions. When- 
ever one of these men applied for membership in a union the union from 
whose jurisdiction he came, was not slow to prefer the charges of 'unfairness' 
and Impose the fine which in nearly all cases was excessive. . . . The 
International tlnion has at conventions issued proclamations of amnesty for 
these unfair men and has recommended the local unions to annul their fines 
and withdrew their charges. . . Some of the unions would question 

the right of the International Union to issue these proclamations and 
denounced them as edicts, others rejected them . . . others were entirely 
Indifferent. . . . That the work of organizing the trade is the duty (or 
should be the duty) of the ofBcers of the International Union is a principle 
which we have always believed in and contended for, but as long as local unions 
themselves retain their prejudices and restrain their International oflicers 
. . . there is little to hope for in the way of thorough organization. In 
this unorganized condition with three-fourths or more of the trade under 
fines and charges to the Unions we have adopted a strike policy and framed 
laws to support them and h-ave in this way spent thousands of dollars: fot 
what! to enlarge the field of operation for the unfair men and contract our 

[m] 



122 BULLETIN OF THE TJNIVEESITY OF "WISCONSIlir 

Advising as to the needs of the union the President contin- 
ued: "What we need and need badly is thorough organiza- 
tion . . . this striking systena without efficient organiza- 
tion lies at the very root of all our woes and if continued in, 
under existing conditions, must inevitably lead to the disrup- 
tion and entire annihilation of the International and local 
unions." 

The difficulties complained of by the President in 1873 are 
usually present in the early stages of unionism. "With more 
complete organization, discipline is more readily enforced and 
the tendency to strike is held in check through the conserva- 
tive influence of union officials. 

The methods by which discipline was gradually extended 
over the local unions in case of strikes are indicated in the In- 
ternational Constitution for 1875. Art. 9, Sec. 1, reads: "The 
International Union guarantees its moral and pecuniary sup- 
port to all its members in all difficulties which may arise be- 
tween them and their employers after all means for a satisfac- 
tory and amicable adjustment have failed . . . in no case 
to exceed $7.00 per week for any one member." 

Sec. 2. "When' any difficulty arises between the members of 
any union and their employers, the proper officers of the union 
shall furnish a full and official statement of the same to the 
International President who shall submit the same to the other 
officers composing the Executive Board and after a full and 
■sufficient investigation of all facts in the case if they approve 
of the same, the International President shall issue a circular 
setting forth the facts to all the unions and the number of mem- 
bers v/ho are idle through such difficulty and ordering them 
to their assistance and he shall also prescribe the manner in 
which such assistance shall be sent and the persons appointed 
to receive the same. Unions failing to comply with the re- 
-quirements of the Executive Board in such case shall be de- 



own. . . International officers ought to visit every section 

and organize them into unions . .when this was attempted . . .a 

howl arose . . . against the international officers for extravagance. It 
was this short sighted policy in the beginning of our organization that has 
crippled it today. Other organizations of labor have made the same mistake 
at their commencement . . . but we continue ... in' the same 
■well worn rut . . . and learn nothing from the lesson of the past." 

[122] 



SCHAFFNEE LABOE CONTEACT 126 

prived of the assistance of the International Union in similar 
uases." 

A crisis in the history of cigar makers occurred in 1877 
when more than 10,000 men struck in New York City for higher 
wages and better treatment.^^ 

The National Cigar Manufacturers' Association united the 
employers in solid opposition to the demands of the workmen. 
The following resolutions of the employers' association plain- 
ly indicate their attitude during the strike: 

"Resolved, That we hereby reaffirm and declare determina- 
tion not to yield to the unjust demands of our late workmen 
or to reinstate them in our employment while members of the 
Cigar Makers* Union. That it is our right to operate our fac- 
tories under such regulation, just to our workmen and just 
to ourselves as we may prescribe. That the recognition by 
us of the startling demands of the body styling itself the 
"Central Organization" would be detrimental in the highest 
degree to the best interests of employers and employees. 
That it is the right of every workman to apply for and to 
resume work whenever he desires to do so without hinderance 
from his fellow workmen. That our thanks are due to 
those of our workmen who have remained faithful to us 
during this period of disorganization. That we cordially 
invite our late workmen to meet us at our respective fac- 
tories, either individually or by proper representation of 
their own number and we shall at any time cheerfully confer 
with them if thereby an end to their present unhappy condi- 
tion may be reached. That we recognize the principle that 
labor and capital have common interests and are dependent 
upon each other and we recommend the cultivation of a greater 
degree of confidence and a more perfect spirit of harmony be- 
tween employers and the employed in our own as well as in all 
other branches of industry.'^" 

The strike lasted 107 days and was won by the employers 
who sought to guarantee their victory by requiring the work- 
men to take an iron clad oath that they would not belong to 



"Cigar Makers' Offloial Journal, Nov. 10, 1877 and Felj. 10, 1878. 
"^Printed la the Cigar Makers' Offloial Journal, Nov. 10, 1877. 

[123] 



124 BULLETIN OF THE UNIVEESITT OP ■WISCONSIN 

any union. The attitude of the International Union after the 
strike is reflected in the following statement i^-* "... the 
strike has ended but the cause still remains. Although defeated 
the cigar makers do not feel themselves conquered . . . 
want of thorough organization and insufficient means have been 
the main cause of their defeat. ' ' Several years later the demorali- 
zation subsequent to the strike was admitted by union leaders. 
In recounting their history the Official Journal in 1881 stated 
that "Not quite four years ago unionism . . . was almost 
extinct among cigar makers . . . the once powerful organ- 
ization . . . was left but a skeleton. The entire Interna- 
tional Union numbered 17 unions in good standing. Outside 
of New York, Chicago, and Detroit there were but 217 union 
men in the United States and Canada. ' ' Yet it was claimed by 
leaders of the Union that the strike "gave an impetus to the re- 
organization of cigar makers all over the country" and this 
claim seems to be borne out by the subsequent growth of the 
International Union. In 1877 there were 17 unions with a 
membership of 1,016; in 1879, 36 unions with a membership of 
1,250; the following year the number of unions reached 74 
with 3,800 members not including travellers on the road ; and by 
Sept. 20, 1881 the total number of unions reached 126 with a 
membership of 12,709.=== 

"With the increase in numbers there was also a healthy in- 
crease in the discipline enforced by the Executive Board of the 
International Union which realized the necessity of careful, 
conservative action to cope with the organized manufacturers 
in determining conditions of employment. At the International 
Convention in 1880 the President advised the delegates as follows : 
"All shop strikes should cease. . . . Let them submit their 
case to the union before taking action and thus it can be calmly 
discussed. No shop should have the right of deciding the future 
of a local union and in a certain degree the future of the In- 
ternational Union. '"'^ 



»« Ibid. 

^ Cigar Makers' International Union Hth Annual Session. Annual Report of 
the President. Printed in tlae Offlcdal Journal Oct. 10, 1881. 

^'PresiiJcnVs .innual Report to the Delegates of the 13th Session of the 
Oiga/r Makers International Union in convention assemMed. Printed in the 
Offlolal Journal, Oct. 10, 1880. 

[134] 



SCHAITH'EE LABOE CONTEACT 125 

The increasing concentration in the cigar making industry- 
was noted in subsequent Conventions of the International 
Union and in 1881 the President^^ reported: "Since the last 
convention the situation has completely changed; more than one 
half of our members being concentrated in five centers of in- 
dustry, opposed by large monopolies, employing from 100 to 
1,000 cigar makers, who wield in the cigar trade a power as 
great as that of our railroad, mining, and cotton loom corpora- 
tions in their respective branches of industry, a power which 
hangs like a dark threatening cloud on the horizon, menacing 
destruction. That power must be confronted with equal if not 
greater power. Upon you who are here assembled to represent 
the cigar makers will devolve the duty of placing our organi- 
zation on an equal footing with existing forces.^' 

"Through a constant extension of local organizations^^ bound 
together and directed by the strong arm of the International 



"Ctj/ar Makers' International Union. ll,th Awnual Session, Annual Report 
of the President. Printed in tlie Official Journal, Oct. 10, 18S1. 

^^Compare tiie following statement from the President's Biennial Report in 
1887 : Within the last eighteen months combinations among manufac- 
turers have increased rapidly in the various branches of industry. Almost 
every week we hear of a new association of employers or of an old one holding 
its regular convention. The trades unions are thus brought face to face with a 
most wealthy, most unscrupulous and skillfully organieed opposition — a power not 
directed by the open form known to our unions, but for the most part working 
in secret. . . . Its deliberations are strictly private and its edicts go 
forth in confidential circulars. The greatest offense known to tliese sect'ct organ- 
izations is membership in a trades union. . In order to mieet these 
new elements in industrial conflicts, the unions must be placed on the soundest 
foundation." 

Also compare the following articles of the Cigar Mamufaoturers' Association 
of New York. Printed in the Olgar Makers Oiflcial Journal, Aug. 1890. 

Art. II. Objects . to unite cigar manufacturers for their mutual 

protection against any unjust demands of cigar makers or their unions. 

Art. III. Sec. 1. That the prices whicb shall be paid by the members of 
said association to their workmen on Aug. 6, 1890, shall be the accepted binding 
price list of our respective firms. 

Sec. 2. Any unjust demands ... by any of their workmen shall be 
resisted by the united action of all said members. . 

Sec. 3. No member . . . is to reduce or increase the wages of any of 
his or their operatives without ... the consent of said Associa- 
tion. . 

Sec. 4. Every unjust interference on the part of workingmen or their 
unions with the business of the factories of the members of the Association 
and with the right ... to employ or discharge hands, or with the methods 



™ By 1900 the membership Included 34,000 workmen who kept their dues 
regularly paid and a total of over 77,000 who were employed in "jurisdiction 
places." ' . ■, r..-,.j 

[135] 



126 BULLETIH" OF THE UN"IVEESITY OF "WISOONSIW 

Union the cigar makers have built np one of the strongest and 
one of the most democratic*" labor organizations of the present 
time. The financial strength of the Cigar Makers ' International 
Union has been thoroughly established by the system of high 
dues maintained by the organization.*^ With an ample reserve 



and regulations for conducting such tiusiness shall be resisted in such a manner 
as may be lawful and as two-thirds vote of the Association may determine. 

Art. V. ... In case of difficulties . . . between any members 
of the association and their operatives . . . immediate notice 
shall be given by said members to the President of the Association 
who shall notify . . the Committee of Investgation . . . which 

shall meet at the factory within twenty-four hours. 

Art. VI. Said Committee of Investigation shall impartially hear the griev- 
ances complained of by both members and their workmen and shall equitably 
decide the same. In case said workmen shall refuse to appear before said 
Committee after being invited to appear, the latter shall nevertheless have 
the power to decide matters submitted to it for decision. 

Art. IX. ... A fine . . . shall be imposed on members of the 
Association on conviction of a violation of any ot the provisions of the 
Constitution ... or regulatons of this Assocation. 

"See the flies of the Olgar Makers' Official Jowmal as to the practical 
working of various devices providing for : the referendum, the division of funds 
among the locals, the appeal of grievances, and similar institutions of the 
International Union. 

"The following statement, from the Annual Report of the President, given 
in the Cigar Makers' Official Journal for April, 1902, gives a, brief summary of 
receipts and expenditures for the current year : "It presents an array of 
figures that is instructive and interesting, showing as it does the total cost 
for the maintenance of each department and each benefit. A reference to the 
totals will show that the aggregate financial transactions amounted to over 
one million dollars. The largest single expenditure was for death benefit, 
which amounted to $138,456.38, which shows an increase over the year 1900 
of $40,165.38 ; the second largest expenditure was for sick benefit and amounted 
to $134,614.11. and shows an increase of $17,158.27 over the year 1900. The 
third largest on the list is the amount for strike benefits, $105,215.71, which 
is $32,607.52 less than was expended for a like purpose in 1900. The amount 
for out-of-work benefits, $27,083.76, remains practically the same as last year, 
being only $3,186.76 more. Despite the extraordinary large amount expended 
for strike benefit the Increase in the funds was $6,318.09. In this connection It 
should be remembered that a one dollar assessment was levied last year. The 
amount for strike benefit has never been exceeded except in two instances in 
the history of the International Union. The exceptions were during the Cincin- 
nati strike In 1884 and the New York strike in 1900. The great bulk of the money 
for strike purposes went to Montreal, Can., which expended for this purpose 
about $64,000 ; $13,000 went to Dayton and about $8,000 to Philadelphia, Pa., for a 
like purpose. The balance, about $20,000, was expended in all other minor strikes 
through the country. In the last ten years up to 1900 the average yearly expendi- 
ture for strike benefit purposes was about $27,000 per year. It will be noticed 
by a reference to the table of benefits paid that the total benefits for 1901 
show an increase of about $40,000 over 1900. A reference to table of benefits 
will disclose the fact that we expended all told for benefits last year $450,022.69, 
which went to fight the battles and relieve the distress of the members and 
their families and friends. No one regrets the expenditure of this vast sum — 
nearly one-half a million dollars — on account of the mere loss of the amount. 



[126] 



SCHAPFITEE LABOR CONTRACT 127 

fund and a strong system of benefits the Union has been able 
to withstand the disintegrating effects of industrial depressions*^ 



On the contrary, we are all proud of the fact and only hope that these amounts 
will double and they will as we grow older and more powerful. Since the 
reorganization of the International Union, dating from 1879, we have expended 
all told in benefits the magnificent sum of flye million one hundred and eighty- 
seven thousand five hundred and seventy-three dollars and twenty-eight cents 
($5,187,573.28), and feel that we have not lived in vain. 

To the studiously inclined and to those not familiar with our system let it 
be said that the $80,000 outstanding loans is not included in the balance on hand. 
Note should also be taken of the fact that the items, assistance to unions, 
$90,000, and assistance from unions, $89,000, is simply equalization money 
shifted from one union to another and is not actual receipts or expenditures 
in addition to the dues, assessments, etc. It should also be remembered that 
the accoants and figures represent exclusively the accounts and financial tran- 
sactions of local unions. The only way that the International Union figures 
in the accounts is by the moneys sent here by local unions for the running expenses 
of the International headquarters. The expense of the Intel-national ofllce does 
not show in the report, but are [is] accounted for in each issue of the offlcial 
journal. The funds of the International Union belong to and are centered 
in one common fund, but each local union holds its share of the funds in trust 
for the International Union. And while each local union keeps an account of 
its own financial transactions each have to report to headquarters where the 
accounts are also kept and drawn off annually and presented as you see in this 
issue. This plan insures perfect control and allows each member to know the 
standing of his own union as well as the standing of each local union and to 
know Just what is being done with the fund in which, under our system, he, 
with all others, is equally interested and a part owner. Under our system one 
union that has exhausted its funds by legitimate expenditure can, on applica- 
tion to headquarters, have funds sent from any other local union. For instance, 
over $60,000 was sent last year to the Montreal union during their strike. 

The report is referred to your careful study and consideration, giving as It 
does a fair idea of the vast financial transactions, and we feel that It will give 
all a clear knowledge and understanding of the financial condition of the Inter- 
national Union." 

•^See Editorial, "Industrial Depressions," in the Cigar Makers' Official Journal 
for May, 1894. Also compare the following statement from "Toiacco," an or- 
gan of tobacco manufacturers and wholesalers. Reprinted in the Gigo/r Makers' 
Official Journal, for Oct. 1896. "A careful reading of the report of President 
G. W. Perkins, which was read at the opening session of the twenty-first con- 
vention of the Cigar Makers' International Union last week, contains several 
Important items respecting the inside workings of the union which can not fail 
to be of interest to tliose who manufacture and sell cigars. The first, and by 
far the most interesting of these, briefly stated, is that the International Union 
has suffered no material decrease In its membership during the past two and 
a half years of business depression, notwithstanding the fact that the organiza- 
tion has been called upon, through the enforced idleness of large numbers of its 
members, to contribute very heavily to Its 'out-of-work' fund during the 
greater part of this period. It Is to this loyalty to stand up under the multi- 
tude of hardships which follow in the train of great and widespread business 
distress, to suffer from loss of work without seeking to cut the union scale of 
wages, and, on the part of those who have found fairly steady employment, to 
pay the extra assessments levied by . the union for the benefit of their unem- 
ployed fellow craftsmen ; In all these respects the fealty of the members to their 
union has been most marked, and to this one fact, more than to any other, 

[m] 



128 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

and has been able to extend continuous assistance to local unions 
in their efforts to secure "Bills of Prices" and desirable con- 
ditions of employment. "^^ 

Several methods of reaching agreements with their employers 
have been developed by cigar makers. They seldom try to get 



perhaps, is to be attributed the strength of the uniou today as a whole. In the 
whole domain of business, where can there be found another union which has 
come through the last panic without suffering a material decrease in the sched- 
ule oifl prices adopted and made to fit the conditions prevailing in prosperous 
times? Practically this is what has happened in the cigar trade. The trade 
will probably never know how much of a sacrifice individual members of the 
Cigar Makers' Union have made to accomplish these results ; but President Per- 
kins gives some figures which show how much has been paid out for this pur- 
pose." 

« The Cigar Makers' Official Journal gives the following comparison of wages 
for 1850 and the present time. "For the purpose of giving some slight indica- 
tion of the march of progress under the trade union system of organization we 
print herewith a copy of a bill of prices adopted by the cigar makers of West- 
field, Mass., in 1850. 

The bill is as follows : 

Bill of Prices of the Journeymen Cigar Makers of Westfleld, Mass., 

Adopted Nov. 4, 1850. 

Imperial Spanish Regalia, 6 inches long $8 00 

Imperial seed and Spanish Regalia. 6 inches long 7 50 

% Regalia Spanish, 5% inches long 7 00 

% seed and Spanish, 5% inches long 6 50 

% seed and Spanish. 5% inches long 6 00 

Spanish Cougresso, 6 inches long 7 50 

Seed and Spanish, 6 inches long 7 00 

Cassadoras Spanish, 5% to 5% inches long 6 00 

Seed and Spanish, 5% to 5% inches long 5 50 

Spanish La Norma, 4% to 5 inches long 5 00 

Seed and Spanish La Norma, 4% to 5 inches long 4 50 

Spanisii PanetiUas. 5% to 6 inches long 5 50 

Spanish PanetiUas, 5 to 5% inches long 5 00 

Seed and Spanish PanetiUas, 5% to 6 inches long 5 00 

Seed and Spanish PanetiUas, 5 to 5% inches long 4 50 

Spanish PanetiUas, 4% inches long 4 50 

Seed and Spanish PanetiUas, 4% inches long 4 00 

Spanish Bagdads, 4% to 4% inches long 4 50 

Seed Bagdads, iy^ to 4% inches long 4 00 

All Ponies. 4% inches long 4 0« 

All Ponies, 4 to 4% inches long 4 00 

All Principe cigars 4 00 

All scrap cigars $1 in advance of long fillers. Stripping, 50 ceiits per M; 
casing, 20 cents per M. 

Resolved, That we earnestly implore all the cigar manufacturers of this 
town, not to take any person as an apprentice, for a less term than three years. 

Westfleld, Nov. 4, 1850. 

The above prices were for hand work. There were no molds used In thi» 
country at that time. 

By way of comparison we note that the lowest job on the present bill of 
prices of Union 28, Vvestfield, Is $8 per M. which was the highest job on the old 
scale. The highest job on the present bill is $19.00, and the common run of 

[138] 



SCHAFFNEE LABOE CONTEACT 129 

written contracts, but get — ^what is an equivalent, — individual 
employers to accept their "bills of prices" and "union rules."** 
These are posted in union factories and there is a definite under- 
standing between employees and employers that both parties 
will abide by them.*^ Special rules providing for the regula- 
tion of apprenticeship and other matters left to the discretion 
of the local unions are usually included along with the general 
rules. In return for a compliance with the conditions de- 
manded by the union, employers are given the use of the union 



jobs are from $14 to ?17. A cigar that called for $4 or $5 per M under the olfl 
bill Is $16 or $17 under the present bill. 

Despite this showing we occasionally find people who say that the unlonB 
have accomplished nothing. 

The old Westfleld hill Is a fair average of the prices paid before the advent 
of unions and a better life for cigar makers. We especially commend these 
facts and figures to the young man who has come Into the trade and movement 
since the Inaugeratlon of better wages and who knew nothing of the early 
struggles of the pioneers to establish and maintian the union. Note the facts 
and some idea can be had of conditions that would be in force today were it 
not for the International Union." 

<*Oigar Makers' Offlciai Journal, Nov. 10, 1877; Oct. 10, 1880; Aug. 1890; 

Sept., 1899. 

" Typical provisions for arbitration are shown in the following bills of prices : 

Winona, Minn., Union No. 70. Bill of prices adopted Oct. 4. 1886. . . . 

"All questions that may arise in regard to this bill will be left to the arbitration 

board." 

Blue Island, 111., Union No. 247. Bill of prices adopted Aug. 10, 1891. 
. . . "Ail jobs not mentioned In this bill shall be left to arbitration by a 
committee of three from Union No. 247 and a committee of three from the 
manufacturers." 

Boston, Mass., Union No. 97. Bill of prices adopted Apr. 14. 1892. . . . 
"Grievances on any jobs not provided for In this bill shall be referred to a com- 
mittee of Union No. 97 and a representative of the manufacturer. . 
When a dltCerence of opinion shall arise in the construction of prices named in 
this bill, it shall be decided by the Executive Board, subject to an appeal to the 
Union." 

Burlington la.. Union No. 72. Bill of prices adopted June 25, 1900. . . 
"All jobs not mentioned to this List of Prices to be left to arbitration by a 
committee of three manufacturers and three members of Cigar Makers Union No. 
72." 

Buffalo, N. Y., Union No. 2. Bill of prices adopted May 13, 1901. . . . 
"Manufacturers who evade the bill of prices are to be denied the use of the label 
for six months. . . . No union man is allowed to work in shops where 
non-union men are employed. . . Any jobs which the bill does not cover 

arc to be referred to the Executive Board of the Cigar Makers Union. . . . 
Wages are to be paid weekly in cash. . . . There may be one apprenttce 
to two journeymen, two apprentices to ten journeymen, and three apprentices 
to fifteen journeymen. Every apprentice is to serve three years. ... All 
strict union shops are to be furnished free of all charges as many union labels 
as may be required from week to week. (0. M. I. U. Const., Art. II, sec. 3.)" 

9 [139] 



130 BULLETIN OF THE UNIVERSITY OF WISCONSIN 

label." This label has become such a valuable consideration in 
the sale of cigars that the International Office is obliged to keep 
vigilant vratch to prevent its being counterfeited*^ and em- 
ployers, in general, are willing to make concessions to secure 
its use. Often provisions like the following are attached to 
"bills of prices:" "Any employer using the union label and 
violating any of the conditions for its use shall, for the first 



"The label of the Cigar Makers' International Union is as follows: 

"Issued by Authority of the Cigar Makers' International Union of America, 
UNION-MADE CIGARS. This certifies, That the Cigars contained in this box 
have been made by a First-Class Workman, a member of the Cigar Makers' 
International Union of America, an organization devoted to the advancement of 
the Moral, Material and Intellectual Welfare of the Craft. Therefore we re- 
commend these cigars to all smokers throughout the world. All Infringements 
■upon this Label will be punished according to law." 

(Signed) G. W. PERKINS, President, 

Sept. 1880. C. M. I. U. of America. 

The label bears the seal of the international union and the stamp of tlhe 
local union. The skilCful use of scroll work and. of various kinds of type makes 
counterfeiting diflScult. 

" The following letter printed in the Cigar Makers' Official Journal for Oct, 
1896, indicates the vigilance with which the union guards the label : 

Cleveland, O., Oct 23, 1896. 

Union of Cleveland, through their label committee, brought suit against the 
jobbing firm of Wallace & Schwartz for using counterfeit labels. About an hour 
before the time set for the hearing the attorney for the firm made a. proposition 
to plead guilty, and desired to know how a satisfactory settlement could be ef- 
tected. The committee of the union proposed that the firm go into court, plead 
guilty, pay $75 fine and the costs of the court ; make a pledge before the court 
not to use or handle counterfeits any more, and turn over all counterfeits in. 
his possession to the committee of the union. This was done, and the firm 
turned over to the committee several hundred counterfeit labels, which were 
destroyed. The Ohio law makes the minimum penalty $50. 

Fraternally, 

W. J. Cannon. 

Also compare the following statement in the Union La'bor Advocate, May, 
1902 : "Recently Albert Goldman, of Rochester, N. Y., was convicted In the 
Court of Special Sessions, New York City, for selling counterfeits of the Blue 
Label of the Cigarmakers' International Union, and sentenced to sixty days in 
the city prison. 

Goldman, in his testimony, stated that he got the labels from Gabriel Gins- 
berg, of Chicago, who was recently convicted in the Criminal Court in this city 
for handling counterfeit labels, and sentenced to pay a fine of two hundred 
($200) dollars and cost 

G. W. Perkins, president of the Cigarmakers' International Union, went to 
New York City as a witness In the Goldman case, and he says that the label is 
what is known, technically, as the Wollock (Chicago) counterfeit, and that he 
Is convinced that a gang of counterfeiters, with headquarters in Chicago, are 
touring the country in an effort to dispose of these counterfeit labels. 

The members of the Chicago union are highly elated over the fact that one 
of these agents has been trapped and convicted. 

The sentence of sixty days in prison is the first prison sentence any counter- 
feiter or handler of counterfeit label goods has ever received." 

[130] 



SCHAFFNEE LABOE CONTKAGT 131 

offense, be refused the use of the label until he deposits the 
sum of $50.00 with the union as a guarantee for a faithful com- 
pliance in the future, and for a second violation he shall be re- 
fused the use of the label for the space of six months."*^ In 
addition to the consideration which the union offers employers 
in the use of the label, reasons for complying with union con- 
ditions are found in the fact that employers who fulfill their 
part of the conditions agreed upon are not often exposed to the 
danger of strikes. Although the International Union does not 
make any special effort to secure written agreements throughout 
the trade, for quite a number of years some of the older local 
unions have put their "bills of prices," "working rules," and 
other regulations in the form of written contracts, signed by 
representatives of local employers and employees. Most of the 
older local unions have also developed boards of arbitration and 
conciliation within the trade. At the present time the Inter- 
national constitution provides for the settlement of local dis- 
putes through the appointment of arbitrators chosen from the 
general body of members. These arbitrators act in conjunction 
with a committee from the local union involved. The settle- 
ment thus secured is made final unless set aside by an appeal 
to a referendum vote of all the local unions in the International 
body.*» 

The Place of Collective Bargaining in the Evolution of 

Industry 

The close adjustment of the labor contract to the varying 
forms of industrial organization is evident in every phase of our 
industrial evolution. 

As our industries were transferred from an individual to an 
organized basis, the old methods of bargaining became inadequ- 
ate to meet the constantly changing conditions. As long as 
the individual labor contract was established through personal 
conference between master and workman the recognition given 
to reciprocal rights and obligations secured a fair degree of 
equity in the employment relationship. Attending the more 



"See bills of prices for :— Union No. 77, Minneapolis, Minn., Sept. 1, 1899 ; 
and Union No. 2, Buffalo, May 13, 1901. 

"S«e Constitution, adopted, 1896, sees. 94, 95, 203 and 204. 

[131] 



132 BULLETIN OF THE UNIVEKSITY OF WISCONSIN , 

complex organization of industry there was a corresponding 
development of social interdependence, while the separation be- 
tween employer and employee became more marked. At the 
present time conditions in many of our large industries are 
such that employees are shut off from any personal contact 
with their employers. Eecently at the Chicago Commons an 
employer and an employee who had sustained that relationship 
for seventeen years met for the first time. This is an extreme 
example but it serves to bring out the fact, which public opinion 
is only just beginning to recognize, that a revolution has been 
wrought in our industrial relations during the past century. 

No industrial relation can long survive the reasons for its 
being. The individual contract squared with industrial and 
social conditions under individual production. With the de- 
velopment of large industries there followed a corresponding 
tendency toward collective bargaining. 

The close connection between the stages of organization 
reached in any industry and the corresponding changes in the 
relation between employer and employee, emphasizes the fact 
that the development of collective bargaining is conditioned by 
the forms of industrial organization. While a general state- 
ment of the evolution of collective bargaining in our separate 
industries must always be modified by a consideration of parti- 
cular conditions, yet a comparative analysis indicates that the 
general features of our industrial development are recapitulated 
in our separate industries to a remarkable degree. 

Individual Workshops and Customary Regulation. As long 
as the individual workshop remained the unit in industry, the 
relation between the master and the journeyman was personal, 
and individual bargaining enabled the two parties to the labor 
contract to meet upon the basis of mutual dependence and 
mutual advantage. Both sides were restrained by customary 
regulations and, in case of dispute, alternative opportunities 
gave the workman a position of independence not differing 
greatly in degree from that of his employer. The interests of 
master and journeyman were not widely separated and such 
labor organizations as did exist were mainly for social and 
benevolent purposes. 

[133] 



SCHAPFNEE XABOE CONTEACT 133 

Growth of the Factory System and the Development of Labor 
Organizations. With the extension of the factory system local 
competition became more intense. Employers were forced io 
organize their plants on a larger scale in order to secure the 
economies incident to improved methods of production. Larger 
groups of workmen were employed in the same shop and it 
became increasingly difficult for a journeyman without prop- 
erty to grow into the possession of an independent business. 
The change from individual to organized production separated 
the workman from the means of production and made him of 
less consequence in industry. The individual journeyman was 
no longer as indispensable as the individual master. The in- 
dustry in which he had formerly taken personal interest and 
for which he felt personal responsibility no longer afforded the 
permanency of employment which he had enjoyed under the 
old customary regulations. The close contact between master 
and workman gradually disappeared and conflicting interests; 
became more apparent. While the journeyman felt the force 
of the competition to which the master was subjected in a. 
constant tendency toward lower wages, he was also threatened 
by the growing competition among workingmen for employ- 
ment. The difficulties of the time acted as a constant incentive- 
to the organization of journeymen's societies in which commoni 
grievances were discussed and common rules of action formul- 
ated. These societies first developed the characteristics of mod- 
em trade unions in those industries in which factory methods 
were first established. 

Extension of the Competitive Field and Weak Organizations. 
The increasing size of the business unit due to the introduction 
of improved machinery was further accelerated by the develop- 
ment of transportation and communication. The competitive 
field, no longer limited by local conditions, extended rapidly 
over larger territorial areas. The expansion of business be- 
yond local confines made necessary increased equipment and 
more efficient organization in industry. The question of econ- 
omies in production confronted every employer able to survive 
the exacting demands of a fiercer business rivalry. The cost 
of labor being so large an element in production offered an in- 

[133] 



134 BULLETIN OF THE UNIVEESITT OF WISCONSIN 

viting field to employers for the reduction of expenses. The 
opposition of labor unions presented few obstacles to this policy 
because the limitations of local organization made collective 
opposition on their part impracticable. The organization of 
industries on a larger scale constantly associated workingmen 
in larger groups for purposes of production. Employers intent 
on conserving the advantages incident to their position no 
longer depended upon the local field for their supply of work- 
men but filled their factories from districts which offered 
the cheapest labor. The pressure of competition affected 
the interests of workmen in the same occupations in similar 
ways and emphasized the interdependence of laborers compet- 
ing with each other for employment. The effect of these 
various economic agencies gradually became apparent in the ex- 
tension of labor organizations beyond local fields. Recogniz- 
ing how inadequate their organizations were to make their 
influence felt in industries which had transcended local limita- 
tions, the leaders of the labor movement began to advocate 
closer cooperation between local unions in the same trades. The 
unconscious influence of industrial forces gradually brought 
local organizations into closer affiliation with similar groups and 
the national form of labor organization was evolved. 

Development of Large Industries and Conflicting Interests. 
With stronger organizations on both sides, employers and em- 
ployees confronted each other with one-sided demands. Each 
side desired to dictate terms without any reference to the claims 
of the other. Employers insisted on settling the terms of em- 
ployment with each individual workman, while labor organiza- 
tions insisted on enforcing "union rules." A period of storm 
and stress usually followed this stage. When one side was 
exhausted it submitted to the terms offered by the other and a 
truce would be established; but no real basis for industrial 
peace was secured. Employers and employees were hardljjy 
conscious of the change which had transformed individual pro- 
duction into organized industry; and so they could not under- 
stand that industrial relations were changing from an indi- 
vidual to a collective basis; but hard-earned experience taught 
both sides that strikes and lockouts were disastrous ways of 

[134] 



SCHAFFNEK LABOE CONTEACT 135 

settling difSculties and both were ready for overtures of peace. 
At this stage informal conferences usually took place between 
representatives of the two parties to the labor contract. Mutual 
concessions were made and a new basis for agreement found. 
Gradually these informal conferences developed into regular 
systematic joint conference systems and local collective bargain- 
ing was established. 

Large Scale Production and the Recognition of Unions. 
"With the development of large scale production and a corres- 
ponding development of labor organizations the local systems 
have in many cases been extended to cover competitive areas 
which are national in scope. The "recognition" of labor or- 
ganizations in conferences, where the respective interests of 
employer and employee are approached in a business-like way 
and where each side is able to back up its claims with industrial 
arguments bids fair to decrease the number of conflicts in which 
one side or the other is obliged to yield to industrial force. 

In the complex process of industrial growth there is a con- 
stant shifting of reciprocal rights and obligations in the employ- 
ment relationship. The gradual adjustment to the more con- 
stant features of industry fixes a basis upon which the future 
conditions of employment are determined according to the 
strength and influence of the- two parties to the agreement. 
The relations established from time to time tend to become 
customary and so fix a standard of reciprocal obligation. Even- 
tually the rights recognized in industry are more firmly estab- 
lished through legal enactment and thus become part of a system 
by which future adjustments are conditioned. 

The evolution of the law follows, though slowly, the evolution 
of industry. On a constantly changing basis of new rights and 
new obligations collective bargaining in the United States is 
developing with the growth of organized production. Therein 
lies a partial guarantee of a more equitable distribution. 



[135] 



136 BULLETIN OF THE UNIVEESITT OF "WISCONSIN 



APPENDIX 1 

BOOT AND SHOE WORKERS' UNION 

Union Stamp Contbact 

Agreement entered Into this first day of April, 1900, by and between 

, shoe manufacturers, hereinafter known as the 

Employer, and the Boot and Shoe Workers' Union, with headquarters 
at 620 Atlantic Avenue, Boston, Mass., hereinafter known as the Union, 
wltnesseth: 

First. The Union agrees to furnish its Union Stamp to the Employer 
free of charge, to make no additional price for the use of the Stamp, to 
make no discrimination between the Employer and other firms, per- 
sons, or corporations who may enter into an agreement with the Union 
for the use of the Union Stamp, and to make all reasonable effort to 
advertise the Union Stamp, and to create a demand for the Union 
Stamped products of the Employer in common with other employers 
using the Union Stamp. 

Second. In consideration of the foregoing valuable privileges, the 
Employer agrees to hire as shoe workers, only members of the Boot 
and Shoe Workers' Union in good standing, and further agrees not to 
retain any shoe worker in his employment after receiving notice from 
the Union that such shoe worker is objectionable to the Union, either 
on account of being in arrears for dues, or disobedience of Union Rules 
or Laws, or from any other cause. 

Third. The Employer agrees that he v/ill not cause or allow the 
Union Stamp to be placed on any goods not made in the factory for 
which the use of the Union Stamp was granted. 

Fourth. It is mutually agreed that the Union will not cause or sanc- 
tion any strike, and that the Employer will not lock out his employes 
while this agreement is in force. All questions of wages or conditions 
of labor which cannot be mutually agreed upon shall be submitted to 
the Mass. State Board of Arbitration, whose decision shall be final and 
binding upon the Employer, the Union, and the employes. 

Fifth. The Union agrees to assist the Employer in procuring com- 
petent shoe workers to fill the places of any employes who refuse to 
abide by Section Pour of this agreement, or who may withdraw or be 
expelled from the Boot and Shoe Workers' Union. 

Sixth. The Employer agrees that the Union collectors working in 

[136] 



SCHAFFNEK LABOR CONTEACT 137 

the factory shall not be hindered or obstructed in collecting dues of 
members working in the factory. 

Seventh. The Employer agrees that the General President of the 
Union, or his deputy upon his written order, may visit the employes 
in the factory at any time. 

Eighth. The Employer agrees that the Union is the lawful owner 
of the Union Stamp. 

Ninth. The Union agrees that no person except the General Presi- 
dent, or his deputy upon his written order, shall have the right^to 
demand or receive the Union Stamp from the Employer. 

Tenth. Should the Employer violate this agreement, he agrees to 
surrender the Union Stamp or Stamps in his possession to the General 
President or his deputy, upon the written order of the General Presi- 
dent, and that the said General President, or his deputy, may take the 
said Stamp or Stamps wherever they may be, without being liable for 
damages or otherwise. 

Eleventh. In case the said employer shall for any cause fail to de- 
liver said Stamp or Stamps to the General President or his deputy, as 
provided in this agreement, the Employer shall be liable to the Gen- 
eral President in the sum of two hundred (200) dollars, as liquidated 
damages, to be recovered by the General President, in an action of con- 
tract, brought in the name of the General President for the benefit of 
the Union, against the Employer. 

Twelfth. This agreement shall remain in force until 

Should either party desire to alter, amend or annul this agreement, 
it shall give a written notice thereof to the other party three months 
before expiration of the agreement; and if the parties fail to give such 
notice, the agreement shall be in force for another year, and so on 
from year to year, until such notice is given. 

Thirteenth. In case the Employer shall cease to do business, or shall 
transfer its interests, or any part thereof, to any person or persons, or 
corporations, this agreement shall be ended and the Stamp or Stamps 
shall be returned to the General President forthwith, without demand 
from the Union, when a new agreement of similar tenor as this may 
be entered into. 

Signed, 

By, , 

For the Employer. 

By, , 

Blank form of Contract For the Union. 

The Union Boot and Shoe Worker, 
April. 1.900, Vol. 1. No. 4, p. 5. 
[137] 



138 BULLETIN OF THE UNIVERSITY OF WISCONSIN 



APPENDIX 2 

BUILDING CONTRACTORS' COUNCIL OF CHICAGO 

Office of Secretary. 92 La Salle Street. 

Chicago, April SOth, 19O0. 
To Whom It May Concern: — 

In view of the suggestions made by many citizens, we are willing to 
amend our position, so that any organization affiliated with, the Build- 
ing Contractors' Council is at liberty to make an agreement with the 
individual union of its trade, provided: 

1st That the agreement is not contrary in any way to the following 
principles, unanimously adopted by the Building Contractors' Council 
at a meeting held on the 24th day of April, 1900, and for the main- 
tenance of which the organization stands pledged. 

(a) That there shall be no limitation as to the amount of work a 
man shall perform during his working day. 

(b) That there shall be no restriction of the use of machinery or 
tools. 

(c) That there shall be no restriction of the use of any manu- 
factured material except prison-made. 

(d) That no person shall have the right to interfere with the work- 
men during working hours. 

(e) That the use of apprentices shall not be prohibited. 

(f) ,That the foreman shall be the agent of the employer. 

(g) That all workmen are at liberty to work for whoever they see fit. 
(h) That employers shall be at liberty to employ and discharge who- 
ever they see fit. 

2nd. That the following conditions are made a part of the agreement: 

(a) That eight hours shall constitute a day's work. 

(b) That the rate of wages shall be: 



$4.00 for Bricklayers. 
4.00 for Plumbers. 
4.00 for Stone Cutters. 
4.00 for Gas Fitters. 
4.00 for Steam Fitters. 
4.00 for Plasterers. 
4.00 for Engineers. 
4.00 for Tile Setters. 
3.60 for Iron Setters. 



$3.50 for Marble Setters. 
3.40 for Sheet Metal Workers. 
3.40 for Carpenters. 
3.28 for House Drainers. 
3.20 for Iron "Workers. 
3.00 for Painters. 
3.00 for Gravel Roofers. 
2.40 for Plasterers' Laborers. 
2.00 for Laborers. 
[138] 



SCHAFPNEE LABOE CONTEACT 139 

(c) That time and one-half shall be paid for overtime, and double 
time for Sunday and holidays. 

(d) That the agreement shall cover a period of not less than three 
years. 

(e) That an arbitration clause, to provide for the adjustment of pos- 
sible difficulties in the future, be made a part of the agreement. 

(f) That no by-laws or rules conflicting with the agreement shall 
be enforced or passed by the association or union during the life of 
the agreement 

(g) That the agreement shall only become operative when the union 
withdraws permanently from the Building Trades Council, and agrees 
not to become affiliated with any organization of a like character dur- 
ing the life of the agreement. 

The foregoing principles are fundamental for the peace and prosperity 
of any community or trade, and should be upheld by workman, owner, 
material man, architect, contractor and every citizen. 



APPENDIX 3 

THE CARPENTERS AND BUILDERS' ASSOCIATION OF CHICAGO, 

THE MASTER CARPENTERS' ASSOCIATION AND THE 

CARPENTERS' EXECUTIVE COUNCIL 

Articles of agreement between the Carpenters and Builders Associa- 
tion, the Master Carpenters Association and the Carpenters Exe- 
cutive Council of Chicago and Cook County. In effect from March 11, 
1901 to April 1, ia03. 

I. This agreement made this seventh day of February, 1901, by and 
between the Carpenters' and Builders' Association of Chicago, and the 
Master Carpenters' Association of Chicago (employers), parties of the 
first part, and the Carpenters' Executive Council, party of the second 
part, for the purpose of preventing strikes and lockouts and facilitating 
a peaceful adjustment of all grievances and disputes which may, from 
time to time, arise between the employer and mechanics in the carpenter 
trade. 

II. NO OtrrSIDR INTEKFEEBNCE. 

WITNESSETH, That all the parties to this agreement hereby covenant 
and agree that they will not tolerate nor recognize any right of any 

[139] 



140 BULLETIN OF THE TJNIVEKSITT OF WISCOirSIlT 

Other Association, Union, Council or body of men, not directly parties 
hereto, to interfere in any way with the carrying out of this agreement, 
and that they will use all lawful means to compel their members to 
comply with the arbitration agreement and working rules as jointly 
agreed upon and adopted. 

III. PKnircrEPi.ES upon which this ageeement is based. 

All the parties hereto this day hereby adopt the following principles 
as an absolute basis for the joint working rules, and to govern the action 
of the Joint Arbitration Board as hereinafter provided for: 

1. That there shall be no limitation as to the amount of work a man 
shall perform during his working day. 

2. That there shall be no restriction of the use of machinery or tools. 

3. That there shall be no restriction of the use of any manufactured 
material, except prison-made. 

4. That no person shall have the right to interfere with the working 
man during working hours. 

5. That the use of apprentices shall not be prohibited. 

6. That the foreman shall be the agent of the employer. 

7. That all workmen are at liberty to work for whomsoever they see 
fit. 

8. That all employers are at liberty to employ and discharge whom- 
soever they see fit. 

IV. HOUBS. 

Bight hours shall constitute a day's work, except on Saturdays, when 
work shall stop at twelve o'clock noon, with four hours pay for the day. 

V. OVEETIME. 

Time and one-half shall be paid for overtime. Work done between 
the hours of o p. m. and 8 a. m. shall be paid for as overtime, when only 
one shift of men are employed on the job. 

71. HOIIDAYS. 

Double time shall be paid for work done on Sundays throughout the 
year and on Saturday afternoons, also for work done on the foUowingi 
five holidays for days celebrated as such; Decoration day, Fourth of 
July, Thanksgiving day, Christmas day and New Years day. Sunday 

[140] 



SCHAFFNEE LABOR CONTRACT 141 

and holiday time to cover any time during tlie 24 hours of the said 
calendar days. 

ni. EXTBA SHIFTS. 

Where work is carried on with two or three shifts of men working 
eight hours each, then only single time shall be paid for both night 
and day work during the week days, and double time for Sundays and 
the above-mentioned holidays. The same men shall not be worked on 
two consecutive shifts. 

Vni. LABOE DAT. 

No work shall be done on Labor Day, except by consent of the two 
presidents. 

IX. WAGES. 

The minimum rate of wages to be paid until April 1, 1902, shall be 
42% cents per hour, and 45 cents per hour from said date until April 
1, 1903, payable in lawful money of the United States. 

The party of the second part hereby agrees that no member affiliated 
with the party of the second part shall work for any one for lesS than 
this rate of wages in Cook county. 111. 

And it is further agreed by th'e parties of the first part to hire no one 
in this trade except to whom he or they shall pay the wages agreed upon 
by the Joint Board of Arbitration. 

X. PAT DAT. 

It is agreed that journeymen shall be paid every week, and not later 
than 5 p. m. Wednesday. 

XI. TIME AND MEraOD OF PATMENT OF WAGES. 

The wages are to be paid on the work in full up to and including the 
Saturday night preceding pay day. 

When a workman quits work of his own accord he shall receive his 
pay on the next regular pay day. When a man is discharged or laid 
ofe, if he so requests, he shall be either paid in cash on the work or 
given a time check, with one hour added for traveling time, which shall 
be paid at once upon presentation at the office of the employer, and if 
he is not paid promptly upon his arrival at the office, and if he shall 

[141] 



142 BULLETIN OF THE UNIVEESITY OF WISCONSIIf 

remain there during working hours, he shall be paid the minimum 
■wages for such waiting time, Sundays and holidays excepted. 

XU. PIECE WOEK. 

No members of the parties of the first part shall sublet or piece out 
their carpenter work; neither shall any journeyman who is a member 
of the party of the second part be permitted to take piece work in any 
shape or manner from any owner or contractor, whether he be a mem- 
ber of the parties of the first part or not. 

Xin. WOEKING WITH NON-UNION MEN. 

The party of the second part shall not work with carpenters except 
they are affiliated with the Carpenters' Executive Council, and no mem- 
ber or members affiliated with the second party shall leave his work 
because non-union men in some other line of work or trade are em- 
ployed on the building or job, or because non-union men in any line or 
trade are employed on any other building or job, or stop or cause to 
be stopped any work under construction for any member or members 
affiliated with the first parties, except upon written order signed by the 
president of the Associations and Union (parties hereto) or the Joint 
Arbitration Board. 

XIV. rOEEMAJJT. 

The foreman, if a Union man, shall not be subject to the rules of 
his Union while acting a foreman, and no fines shall be entered against 
him by his Union while acting in such capacity, it being understood 
that a foreman shall be a competent mechanic in his trade and be sub- 
ject to the decisions of the Joint Arbitration Board. There shall be 
but one foreman on each job. 

XV. STEWAED. 

Whenever two or more journeymen members of the second party are 
working together a steward shall be selected by them from their num- 
ber to represent them, who shall, while acting as steward, be subject 
to the rules and decisions of the Joint Arbitration Board. No salary 
shall be paid to a journeyman for acting as steward. He shall not 
leave his work or interfere with workmen during working hours, and 

[143] 



SCHABTNEE LABOE CONTEACT 143- 

shall perform his duties as steward so as not to interfere with his duty 
to his employer. 

He shall always while at work carry a copy of the working rules with 
him. 

XVI, APPEENTICES. 

Bach employer shall have the right to teach his trade to apprentices, 
and the said apprentices shall serve for a period of not less than three- 
years, as prescribed in the apprentice rules to be agreed upon by the 
Joint Arbitration Board and shall be subject to control of the said Joint 
Arbitration Board. No apprentice shall be over 21 years of age. 

XVII. AEBITBATION. 

All the parties hereto agree that any and all disputes between any 
member or members of the Employers' Association on the one side, and 
any member or members of the Union on the other side, during the 
life of this agreement, shall be settled by arbitration in the manner 
hereinafter provided for, and for that purpose all parties hereto agree- 
that they will at their annual election of each year, elect an Arbitration 
Committee to serve one year (except the Carpenters' and Builders' 
Association), (see section 3 of article 6 of their constitution), and un- 
til their successors are elected and qualified. 

In case of death, explusion, removal or disqualification of a member 
or members on the Arbitration Committee, such vacancy shall be filled 
by the Association or Union at its next regular meeting. 

The Arbitration Committee of each of the three parties hereto shall 
consist as follows: Five members from the Carpenters' and Builders'" 
Association, three from the Master Carpenters' Association, and five 
from the Carpenters' Executive Council, and they shall meet not later 
than the fourth Thursday of January, each year, in joint session, 
when they shall organize a Joint Arbitration Board by electing a 
president, secretary, treasurer and umpire. 

The Joint Arbitration Board shall have full power to enforce this 
agreement, entered into between the parties hereto, and to make and 
enforce all lawful working rules governing both parties. No strikes, 
lockouts, or stoppage of work shall be resorted to pending the decision 
of the Joint Arbitration Board. When a dispute or grievance arises- 
between a journeyman and employer (parties hereto), or an appren- 
tice and his employer, the question at issue shall be submitted in writ- 
ing to the presidents of the two organizations, and upon their failure 

[143] 



144: BULLETIN OF THE UNIVEESITT OF WISCONSIN 

to agree and settle it, or if one party to the dispute is dissatisfied with 
the decision, it shall then be submitted to the Joint Arbitration Board 
at their next regular meeting. If the Joint Arbitration Board 
is unable to agree the umpire shall be requested to sit with them, and 
after he has heard the evidence, cast the deciding vote. All verdicts 
shall be decided by majority vote, by secret ballot, be rendered in writ- 
ing, and be final and binding on all the parties to the dispute. 

XVIII. WHO ABE DISQPAT.TFIED TO SERVE ON AEBITBATION COMMITTEE. 

No member who is not actively engaged in the trade, or who holds 
a public office, either elective or appointive, under municipal, county, 
state or national government shall be eligible to sit as the representa- 
tive in this trade arbitration board, and any member shall become dis- 
qualified to sit as a member of this trade Joint Arbitration Board and 
cease to be a member thereof immediately upon his election or appoint- 
ment to any public office or employment. 

XIX. UMPIHE. 

An umpire shall be selected who is in no wise affiliated or identified 
with the building industry, and who is not an employe or employer of 
labor nor an incumbent of a political office. 

XX. MEETINGS. 

The Joint Arbitration Board shall meet to transact routine business 
the first Thursday in each month, but special meetings shall be called 
on three days' notice by the presidents of the two organizations or 
upon application of three members of the Joint Arbitration Board. 

XXI. FINES FOR NON-ATTENDANCE AS WITNESS. 

The Joint Arbitration Board has the right to summon any member or 
members affiliated with any of the parties hereto against whom com- 
plaints are lodged for breaking this agreement or working rules, and 
also appear as witness. The summons shall be handed to the president 
of the Association or Union to which the members belong, and he shall 
cause the member or members to be notified to appear before the Joint 
Arbitration Board on date set. Failure to appear when notified, ex- 
cept (in the opinion of the Board) valid excuse is given, shall sub- 
ject a member to a fine of twenty-five (?2o) dollars for the first offense, 
fifty ($'50) dollars for the second, and suspension for the third. 

[144] 



SCHAITNEE LABOR CONTEACT 145 



XXII. SALABIES. 

The salary of each representative on the Joint Arbitration Board 
shall be paid by the Association or Union he represents. 

XXin. QUOBUM. 

Seven (7) members present shall constitute a quorum in the Joint 
Arbitration Board. 

If one or more of the members of the Arbitration Committee of either 
of the parties to the agreement be absent, the other Arbitration Com- 
mittee shall cast an equal number of votes on a division in the Joint 
Arbitration Board. 

XXIVi. FINES AS A RESUIT OF AKBITEATION. 

Any member or members affiliated with either of the three parties 
hereto violating any part of this agreement or working rules estab- 
lished by the Joint Arbitration Board shall be subject to a fine of from 
ten ($10) dollars to two hundred ($200) dollars, which fine shall be 
collected by the President of the Association or Union to which the 
offending member or members belong, and by him paid to the treasurer 
of the Joint Arbitration Board not later than thirty (30) days after 
the date of the levying of the fine. 

If the fine is not paid by the offender or offenders It shall be paid 
out of the treasury of the Association or Union of which the offender 
or offenders were members at the time the fine was levied against him 
or them and within sixty (60) days of date of levying same; or in lieu 
thereof the Association or Union to which he or they belong shall sus- 
pend the offender or offenders and officially certify such suspension 
to the Joint Arbitration Board within sixty (60) days from the time 
of fining, and the Joint Arbitration Board shall cause the suspension 
decree to be read by the presidents of both the Associations and Union 
at their next regular meeting, and then post said decree for sixty (60) 
days in the meeting rooms of the Association and Union. No one who 
has been suspended from membership in the Association or Union for 
neglect or refusal to abide by the decisions of the Joint Arbitration 
Board can be again admitted to membership except by paying his fine 
or by unanimous consent of the Joint Arbitration Board. 

All fines assessed by the Joint Arbitration Board and collected during 
the year shall be equally divided between the two parties hereto, by 
the Joint Arbitration Board, at the last regular meeting in December. 
10 [145] 



146 BULLETIN OF THE UNIVEESITY OF WISCONSIN 



XXV. ETILES FOE ARBITRATION BOARD AND FOB PARTIES HERETO. 

All disputes arbitrated under this agreement must be settled by the 
Joint Arbitration Board, and in conformity with the principles and 
agreements herein contained, and nothing herein can be changed by the 
Joint Arbitration Board. No by-laws or rules conflicting with this 
agreement or working rules agreed upon shall be passed or enforced by 
either parties hereto against any of its affiliated members in good 
standing. 

XXVI. TERMINATION. 

It is agreed by the parties hereto that this agreement shall be In force 
between the parties hereto until April 1, 1303. 

XXVII. WITHDRAWAL FROM THE BUILDINO TRADES COUNCm. 

This agreement shall become operative when the Union withdraws 
permanently from the Building Trades Council. It being understood 
and agreed that after so doing affiliation with a new central body, com- 
posed solely of mechanic trades employed on buildings, will in no way 
affect the terms of this agreement, provided that the constitution, by- 
laws and rules of such central body are not in conflict at any time with 
the terms of this agreement and that the said central body shall not be 
called "The Building Trades Council" 

On behalf of the parties of the first part. 

THE carpenters' AND BtTILDEHS' ASSOCIATION OP CHICAGO. 

Abraham Edmunds, 
Joseph Haigh, 
William Adams, 
John A. "Wiseman, 
Charles "W. Gindele. 

THE MASTER CAEiPENTEKS' ASSOCIATION. 

Louis A. Ashbeck, 
H. Cohlgraff, 
B. C. Elllsh. 
On behalf of the party of the second part. 

THE carpenters' EXECUTEVE COUNCIL. 

' Timothy Cruise, 

J. W. Quayle, 
P. F. Duffy, 

' A. W. Simpson, 

Wm. L. Glass. 
[146] 



SCHAFFNEE LABOK CONTEACT 147 



APPENDIX 4 

STANDING RULES OP THE GRAND INTERNATIONAL BROTHER- 
HOOD OP LOCOMOTIVE ENGINEERS 

Section 1. On any system of railroad where two or more subdivisions 
are organized, there shall be a standing general committee of adjust- 
ment, whose members shall be elected biennially at the regular election 
of oflScers of subdivisions. Only those members of a division whose 
grievances he might be required to adjust shall be entitled to a vote for 
member of general committee of adjustment. 

On any line or system of railroad under or controlled by one presi- 
dent, or by an executive board under whom are one or more presidents 
or general managers, where a road or branch constitutes a separate d&- 
partment of the system, and on which the Brotherhood of Locomotive 
Engineers have separate and distinct schedules of pay, there may be 
on each such line a standing board of adjustment, composed of a dele- 
gate from each subdivision located upon that line or distinct part of 
the system; such delegate shall be the chairman of the local committee 
of his division, and these delegates shall meet biennially and select a 
chairman and secretary, and transact such other business as may be 
referred to them by subdivisions on their distinct and separate part 
of the system to which they belong. On these composite systems there 
shall be an executive board of adjusment, composed of the chairman 
of each general committee of adjustment of the separate lines or 
branches comprising the system, which shall meet biennially or annu- 
ally, as they may decide, elect a chairman and secretary, and such other 
business as may be referred to them by the general committees of ad- 
justment of the different lines. These committees to be governed by 
the law of the G. I. B. of L. B. 

Sec. 2. Bach subdivision on said system shall be entitled to one 
representative and one vote in said committee. Provided, that on 
systems whereon are located but two subdivisions, the subdivisions 
having the most members employed on such systems shall have two 
representatives and two votes in the committee named. 

Sec. 3. It shall be the duty of the general committee of adjustment 
of each system to meet biennially at such time and place as may be 

[147] 



148 BULLETIN OF THE UM^IVEESITY OF "WISCONSIN 

determined by a majority of its members and adjust tlie grievances on 
the system, if any exist. 

Sec, 4. The chairmen and secretaries of general committees of ad- 
justment shall be elected at the opening of each biennial session. 

Sec. 5. The chairman may be elected from any subdivision on the 
system, even though not a delegate to the committee. 

Sec. 6. The chairman of the general committee of adjustment may 
be made a salaried officer, provided two-thirds of the members on the 
system so elect. 

Stec. 7. A salaried chairman shall devote his whole time to the 
interests of the members on his system, visit their subdivisions, ex- 
emplify the work, and give all necessary instruction. The salaries of 
such chairman shall be raised by an equal assessment on all members 
employed on the system represented, and shall be collected three months 
in advance and paid monthly. 

Sec. 8. Any chairman of a general committee of adjustment, when 
•called upon by one or more subdivisions on his system, shall be em- 
powered, in conjunction with local committees, to adjust, if possible, 
;all differences that may rise between members and their employers 
without convening the general committee of adjustment, and in case 
the local committee cannot be convened readily, the chairman shall 
Jiave power to select one or more members to assist him. If unsalaried, 
Tiis pay for such service shall be raised by an equal assessment on all 
Tuembers who are employed on said system. General committee of ad- 
justment shall make such assessment as is deemed necessary, to be 
paid quarterly in advance to the general secretary and treasurer, who 
will pay the general chairman for his services, and any surplus in the 
treasury after payment of salaried chairman shall be applied to ex- 
penses of general committee when called in session. 

Sec. 9. It shall be the duty of the chairman of the general com- 
mittee of adjustment of each system to act as committee on transporta- 
tion for delegates to the G. I. B. of L. B. immediately after each election 
of officers, and report the result to the grand office. Provided, that 
where it is not advisable for the chairman to act in person, he may ap- 
point some members of his system to act in his stead. 

Stec. 10. At any time between biennial sessions, should a majority 
of the subdivisions on a system instruct the chairman to convene the 
general committee of adjustment, he shall do so without delay. 

In case of an emergency, the chairman is empowered to convene the 
committee, when, in his judgment, it is absolutely necessary. 

Any action taken by a general committee of adjustment on any sys- 
tem shall stand as law for all members and subdivisions on said system, 

[148] 



SCHAFFNER LABOK CONTEACT 14& 

until repealed by said committee or by a two-thirds vote of the mem- 
bers on the system. 

An appeal may be taken from the decision of the general committee 
of adjustment or the chairman to the members on the system, if made 
within ninety days from the date of such decision, and a two-thirda 
majority vote of members on said system shall be final. This vote 
to be taken in the same manner as in the election of division officers. 

Sec. 11. Any member refusing to sustain the action or to carry 
out the Instruction of the general committee of adjustment of the sys- 
tem on which he is employed shall, upon conviction by his subdivision, 
be expelled for violation of obligation. 

Any member who, by verbal or written communication to railroad 
ofiacials or others, interferes with a grievance that Is in the hands of 
a committee, or at any other time makes any suggestion to any official 
that may cause discord In any division, shall be expelled when proven 
guilty. 

Sec. 12. Should a subdivision on any system refuse to sustain an 
action of the general committee of adjustment of said system, or to 
enforce the laws passed by the G. I. B. of L. E., it shall be the duty of 
the member of said committee from such subdivision to make a written 
statement of the facts concerning such refusal to the chairman of said 
committee, who shall submit the same to the G. C. B., and if in the 
judgment of the G. C. B. such subdivision is at fault, he shall at once 
suspend its charter. 

Sec. 13. It shall be the duty of the general committee of adjustment 
on any system to exhaust its efforts to effect a settlement of any dif- 
ficulty that may arise on said system between the management of the 
system and members of the Brotherhood of Locomotive Engineers be- 
fore sending for the G. C. E. Failing, they shall notify the G. C. E. of 
the facts in detail and may call upon him for assistance. 

Sec. 14. Receiving such call, the G. G. B. shall give it precedence 
over all other business. Shall at once visit such system and use all 
honorable means to prevent trouble between members and their em- 
ployers. When it becomes necessary to defend ar;y of our existing 
agreements between members of the Brotherhood of Locomotive En- 
gineers and railway companies in the hands of the court, the grand 
chief, in conjunction with the general committee of adjustment, may 
employ a competent attorney to defend our interests, and the expense 
shall b3 paid from the treasury of the Brotherhood. 

Sec. 15. The expenses of members of a general committee of adjust- 
meat when convened for any purpose, together with pay for time they 
lose in such service, shall be raised by an equal assessment on all mem- 

[149] 



150 BtrXLETIIT OF THE UNIVERSITY OF WISCONSIN 

bers of the Brotherhood of Locomotive Engineers employed on the 
system represented. The secretary of the general committee of adjust- 
ment shall furnish all divisions on the system a copy of the minutes 
of the meeting of said committee. 

All assessments levied by the general committee of adjustment shall 
be paid within sixty days after the date of notice, and any division not 
square on the books of the secretary and treasurer of the G. C. of A. 
at their annual or biennial meetings, their delegates will not be entitled 
to a seat. 

The chairman of the general committee of adjustment shall, or any 
division may, prefer charges against any division failing to pay their 
G. C. A. assessments within sixty days to the grand chief engineer, who 
shall investigate said charges, and if no reasonable excuse is found, 
each division shall have their charter suspended until they pay said 
assessments. 

Each division will furnish a credential to their member of gen- 
eral committee of adjustment, and it shall state the number of assess- 
able members. Divisions will pay for the number of members stated 
on the credential. Divisions will be responsible to their member of 
general committee of adjustment for his pay for serving on said com- 
mittee. 

The bill for amount due to any member of a subdivision for serving 
on such general committee shall, when regularly presented and ac- 
cepted, be paid, if possible, without delay, from the general fund of 
the subdivision, and said amount, when so paid, shall be again restored 
to said fund as soon as collected by assessment, as per this article. 

All general committees of adjustment shall have power to fix the rate 
of pay for members serving on such committee. 

When the general committee of any system is called on duty to attend 
to affairs of a general nature, the time and expenses of said committee 
shall be paid from the general fund of the G. I. B. of L. E., provided the 
call comes from the grand executive officers in authority. 

No new business will be entertained by a general committee of ad- 
justment unless sent under the seal of a subdivision, and no resolution 
that has for its purpose the changing of existing rights to runs as un- 
derstood by engineers will be entertained by any committee of ad- 
justment until It has been first submitted to all divisions interested, 
they to vote on the question and send their member to the G. C. of A. 
instructed how to vote. In case any matter pertaining to the welfare 
of the Brotherhood should come to the notice of the G. C. E., he shall 
have power to call a committee of two or more members, and they may 
make any arrangement or agreement they may deem best for the In- 

[150] 



SCHArFNEE LABOB CONTBACT 151 

terest of the Brotherhood, and all expenses' incurred shall be paid out 
of the general treasury. 

Sec. 16. Should any member in the employ of a railroad company, 
while in discharge of his duty as a locomotive engineer, meet with any 
accident of any kind, he shall be required to make out a complete and 
true report of the same to his division, in writing, for the benefit of the 
committee of adjustment, and the division shall keep such report, to- 
gether with a copy of the judgment of the company's officials concern- 
ing such accident. Failing to do so he shall not have his case handled 
by the general chairman unless so ordered by a two-thirds vote of his 
division. Should an engineer wilfully misrepresent facts in his state- 
ment for the guidance and information of the committee, he shall be 
considered as having violated his obligation, and on conviction at a 
regular trial shall be suspended or expelled, as the division may deter- 
mine. 

Sec. 17. Members are prohibited from signing any contract with a 
railroad company, or making any verbal agreement, without the con- 
sent of the general committee of adjustment of the system by whi,h 
they are employed. 

Sec. 18. It shall be illegal for the chairman of any general or local 
committee of adjustment to meet with or go before the general man- 
ager, superintendent, or master mechanic of any railway, road, or sys- 
tem for the purpose of adjusting any grievance, or making or giving 
consent to any contract, without first consulting with other members 
of the general or local committee of adjustment; and said chairman 
shall be accompanied by one or more members of said general or local 
committee whenever he visits the general manager, superintend- 
ent or master mechanic to adjust the grievances of the members of 
the road by which he is employed. "When engineers of any railroad are 
using joint tracks on foreign roads, and through the movement of such 
engines the engineer is charged with any offense that would cause his 
dismissal or in any way affect his welfare, upon request of the division 
of which he is a member, the division located on the railroad or tracks 
of such foreign railroad shall, upon proper notification, take up such 
grievances and adjust the same in the same manner as if it were a 
grievance of their own member, and at the expease of the division mak- 
ing such request. 



[1511 



152 EULLETIlir OP THE UNIVERSITY OF AVISCONSIBT 



APPENDIX 5 

RULES RELATING TO LOCOMOTIVE FIREMEN ON THE CHICAGO, 
ROCK ISLAND & PACIFIC RAILWAY 
Provisionally Effective September 1, 1902. 

ABTICLE ONE. 

No fireman shall be dismissed or suspended from the service of the 
company without just cause. 

ABTICLE TWO. 

In case a fireman believes his discharge or suspension to have been 
unjust he shall make written statement of the facts in the premises 
and submit it to his Master Mechanic; and at the same time designate 
any other fireman in the employ of the company at the time on the 
same division, and the Master Mechanic, together with the fireman 
last referred to, shall, in conjunction with the Superintendent or some 
other superior oflScer, investigate the case in question. When at all 
practicable, such investigation shall be made within five days from the 
date of the receipt of the communication from the fireman, and in case 
the aforesaid discharge or suspension is decided to have been unjust, 
he shall be reinstated and paid half time for all time lost on said ac- 
count. 

ARTICLE THBEB. 

The right of appeal in proper order from Local to General ofiBcers is 
always conceded. 

ARTICLE FOUR. 

No attention will be paid to grievances, unless presented in writing 
within sixty days after their occurrence. 

ARTICLE FIVE. 

All charges or reports against firemen shall be made in writing, and 
such charges shall be subject to the inspection of the party against 
whom they are made. 

[152] 



SCHAFFNBE LABOE CONTEACT 153 



ARTICLE SIX. 



When not otherwise required by the Companys necessities, all freight 
firemen shall run first in and first out (except those assigned to regular 
runs) from all terminals and relay stations in their respective districts. 



abucle seven. 



All firemen on extra lists shall register, on their arrjval, in a book 
provided for that purpose, and shall be called in rotation when the 
services of an extra man may be required, and shall remain with the 
engine called for until the regular fireman returns, except where a pre- 
ferred extra passenger list is maintained. 



ABTICLE EIGHT. 

Where a preferred extra passenger list is not maintained and a va- 
cancy occurs in passenger service, the best available man will be put on 
the engine; the senior freight fireman to be put on the engine as soon 
as possible, if the vacancy is for fifteen days or more. 

ARTICLE NINE. 

The rights and preferences to runs, engines and promotions shall be 
governed by seniority, and the choice of runs and engines shall be 
based upon this principle, it being understood that the choice of engines 
shall not apply to engines of the same class. The same rule will apply 
to firemen in yard service. When consistent to do so, and a deficiency 
of firemen in road service exists, firemen in yard service will be con- 
sidered in the line of promotion to road service firemen. 

ARTICLE TEN. 

Firemen shall be promoted according to seniority. Failing to pass 
examination (Mechanical or Time-Card), a fireman shall forfeit the 
right to promotion for six months. Failing to pass examination a sec- 
ond time, he shall lose his run and take the position of junior fireman 
on the regular list. Failing to pass examination a third time, he shall 
resign. 

ARTICLE ELEVEN. 

Firemen will have rights on their respective divisions as they are 
now divided. 

[153] 



154 BULLETIIT OF THE UNIVEESITY OF WISCONSIN 



ABTICU: TWELVE. 

Firemen will be called for all runs not less than one hour, nor more 
than one hour and a half, before leaving time. The caller will be pro- 
vided with a book, showing time and for what train wanted, in which 
the fireman will sign his name and time called. Firemen living more 
than one mile from roundhouse will not be called. 

AETICI^ THIRTEEN. 

Firemen called to make a trip, provided the train is afterward an- 
nulled and fireman released, shall be paid for three hours' time on the 
basis of the regular rates which they are receiving, and shall occupy 
the same position as Before being ordered out. 

AETICLE FOUETEEN. 

The time of a fireman shall begin from the time for which the train 
is ordered, as shown on the order for calling, and shall continue to the 
time the engine is given to the hostler at the end of the run. 

ABTICLB FIETEEN". 

When road firemen are required to switch at terminals thirty-five 
minutes or more, time shall be allowed. 

AETICLE SIXTEEN. 

Delayed time at terminal stations before leaving will be paid for full 
delay if delayed one hour; if delayed thirty minutes at terminal sta- 
tions after arriving, one hour's time will be allowed. In computing 
delayed time before leaving it is understood that one full hour must be 
consumed before time will be allowed. If one hour and thirty minutes, 
two hours time will be allowed, and so on. After arriving at terminal 
station one hour will be allowed after thirty minutes' delay, two hours 
after one hour and thirty minutes' delay, and so on. 

AETICLE SEVENTEEN. 

In road service extra or overtime will not be allowed for terminal 
switching delays at terminal stations, or delays between terminals 
(see Articles 15, 16 and 23) except such as may be in excess either of 
one day of ten hours or one hundred miles. 

[154] 



SCHAFFNEE LABOR CONTRACT 155 

AETICLE EIGHTEEN. 

The time of firemen in freight or passenger service shall be com- 
rputed on the basis of one hundred miles or less for a day's work; and 
all time made by firemen while on the road between terminal points, in 
excess of ten miles per hour on freight, or eight hours per hundred 
•miles on passenger, shall be considered overtime. 

ABTIOM! NINETEEN. 

When firemen are held in for snow-plow service, they will be allowed 
regular pay for each day of twenty-four hours that they are so held sub- 
ject to orders. 

In case a regular fireman's engine is assigned, in reserve, to snow- 
plow service, the fireman shall be provided with another engine. 

ABTICI.E TWENTT. 

When good cause can be shown for doubling hills, the pay shall be 
on the basis of the actual time lost — actual time to be computed from 
4he time of stalling until the train is again coupled at the summit. 

AETICLE TWMNTT-ONE. 

Freight firemen double-heading on passenger trains will receive pas- 
senger firemen's pay for the same. 

AETICLE TWENTY-TWO. 

Firemen dead heading on Company's business will be paid half mile- 
age. 

ABTICLE TWENTY-THREE. 

When required by this Company to attend court, firemen shall be 
paid at the rate of $2.25 per day of twenty-four hours and their ex- 
penses during attendance, and for all time lost while awaiting the 
■Company's orders, and for such time as they may lose while waiting to 
take their runs, and for all services not otherwise provided for in this 
schedule. 

ABTICLE TWENTY-FOUR. 

All construction service performed at terminal points by road fire- 
men not regularly assigned to construction will be paid for at the reg- 

[155] 



156 BULLETIN OP THE UNIVEESITY OF "WISCONSIN 

ular rates. If more than five hours are consumed in this service, the 
fireman will not be considered first out in any class of service ex- 
cept construction. Road firemen required to do construction work be- 
tween terminals will be paid actual mileage for miles run on freight 
or passenger, and construction pay for such construction service at the 
established rate for fractions of a day on construction. 

AETICLE TWENTY-FIVE. 

The Company will furnish blank forms for engineers to fill out for 
all delayed time between terminals and at terminals before departing 
and after arriving, which shall be verified by the train sheet, and cer- 
tified to by the Division Superintendent. 

AETICLE TWENTY-SIX. 

Firemen required to watch engines will be paid their regular rate 
per hour, as firemen, for such service, regardless of other time or mile- 
age earned that day. 

AKTrCLE TWENTY-SEVEN. 

Switch firemen will be allowed one full hour for dinner between 11 
o'clock A. M. and 1 o'clock p. m. Should necessity of business prevent 
the use of the hour assigned, the fireman shall be paid overtime for it 
at the rate per hour regularTy received by him. 

The same rule will apply to night men between the hours of 11 
o'clock p. M. and 1 o'clock a. m. 

ARTICLE TWENTY-EIGHT. 

Firemen shall not be required to clean fires, ash pans, or front ends 
of their engines at terminals of their respective runs, or at points 
where there is a round house, provided that the run of the engine to 
be cleaned covers a mileage of not less than one hundred and fifty 
miles. 

AETICVLB TWENTY-NINE. 

Firemen will not be required to do any cleaning outside of cab on 
the following classes of engines: 

1200 (new series number 2000) 
1300 ( " " " 1000) 

1400 

1500 (new series number 1800) 
On the Kansas Division between Horton, Herington and Armour- 
dale, engines in the 800 class (new series number 1300) are in- 
cluded in the above exemption. Firemen will do all cleaning inside 

[156] 



SCHAJfFNEE LABOE CONTEACT 15Y 

of cab and clean windows outside on the engines specified in this Arti- 
cle and will continue to clean other engines as heretofore except as 
specified in Article Thirty. When the engines specified in this article 
are so located that cleaning cannot be properly taken care of by the 
Company, firemen will be required to do such cleaning as will prevent 
damage. 

ARTICI^ THIRTY. 

Firemen will not be required to blacken smoke-boxes, stacks or front 
ends on any class of engines which run into Division Terminals. 

ARTICLE THIRTY-ONE. 

No fireman shall be required to continue on duty when he reasonably 
needs rest, he to be the judge; but in extreme cases the firemen on 
their part will tender every means in their power to assist the com- 
pany; it being understood that trains shall not be unreasonably tied up 
between terminals, and that due notice shall be given when rest is 
required, if possible to do so. 

ARTICLE THIKTY-rWO. 

Coal for all main line and switch engines shall be broken, suitable 
for furnace use. 

ABTICtE THIETT-THKEE. 

Firemen will not be required to coal engines between terminals where 
chutes are not provided. 

AETICtE THIRTY-FOTJE. 

There shall be no objection to the transfer of a fireman from another 
division, provided the supply of firemen on the division requiring ad- 
ditional engineers does not meet the necessities, and good, competent 
men on other divisions are desirous of such transfer. 

ARTICLE THIBTY-riVE. 

Firemen on assigned runs will stay on their run regardless of engine 
furnished. 

When a chain gang engine goes into shop for general repairs, its fire- 
man will take the engine of the junior fireman in chain gang service 
and it will be considered his regular engine. 

ARTICLE THIETY-SJX. 

In case of a surplus of firemen, the junior men in the service shall be 
taken off and shall do extra work or firing. A surplus shall not be con- 
sidered as existing while firemen are making 2,600 miles per month. 

[157] 



158 BTJLLETIIT OF THE ITNIVEESITY OF WISCONSIN 



ABTICI.B THIBTY-SEVBN. 

On application a copy of tlie revised seniority lists of firemen shalP 
be furnished. 

AETICLE THIBTT-EIGHT. 

When a run hecames vacant, it shall immediately be bulletined and a, 
fireman assigned as soon as possible thereafter. 

AKTICr.E THIETY-NINE. 

Firemen on standard 8-wheel locomotives will receive two and' 
twenty-five hundredths (2 25-100) cents per mile; on moguls and local 
runs they will receive two and forty-hundredths (2 40-100) cents per 
mile; on 10-wheeI engines they will receive two and fifty hundredths 
(2 50-100) cents per mile. Firemen of construction trains will receive- 
one hundred miles per day as per schedule. In construction service, 
twelve working hours or less will constitute a day's work. 

ASnClE FOETT. 

Firemen on suburban trains between Chicago and Blue Island shatt 
receive twenty-one (21) cents per hour while on duty. 

ABTICLE FOBTT-ONB. 

Firemen of switch engines shall receive one dollar and seventy-five 
cents ($1.75) per day; it being understood that in switching service- 
ten working hours shall constitute a day's work; five hours or less a 
half day; over five hours a full day. 

ABTICLE rOETT-TWO. 

Overtime will be allowed in switching service at the rate of seven- 
teen and one-half (17 50-100) cents per hour, and in all other service 
at the rate of twenty-two and one-half (22 50-100) cents per hour, ir- 
respective of classification. ii'il 

ABTTOLE FOBTT-THEEE. 

Alter final Investigation, firemen will be notified when time is not 
allowed, as per time reports, and reasons will be given for not allowing 
same. . !■'< ]' -^ 

ABTICLE FOETT-FOUB. 

Firemen leaving the service of this Company shall be given a serv- 
ice letter. 

[158] 



SCHAFFNEE LABOE CONTEACT 15& 

ABTICa^E FOETT-FrVE. 

All bulletins concerning firemen shall be posted in engine house. 

ARTICU: FORTY-SIX. 

Evidence of the willingness of a fireman to serve the best interests 
of the Company at all times, in whatever capacity assigned, as well as 
economy and cleanliness in the care of his engine and the Company's 
property under his control will always be considered as meriting re- 
ward. 

All rules previously in effect are by this agreement atolished. 

The articles enumerated above, constitute, in their entirety, the agree- 
ment between this Company and its locomotive firemen for a term of 
five years from September 1, 1902, and shall not thereafter be changed 
unless thirty days' notice has been served upon the other party. 

PROVIDED that these rules shall not become effective until at least 
seventy-five per cent of the total number of Firemen in the service on 
August 1st, 1902, have signified their acceptance of the rules by attach- 
ing their signatures thereto, and further 

PROVIDED that any person accepting the position of fireman during 
the life of these rules shall signify his acceptance of them by attach- 
ing Ms signature thereto. These rules do not apply to the Firemen 
paid and governed by the rules of the B. O. R. & N. Railway until such 
time as the rules of the C. R. I. & P. Ry. relating to firemen become ef- 
fective in the Northern District. 

FOB THE CHICAGO, BOCK ISLAND & PACIFIC BiT. 

Geo. F. Wilson, 

Supt. Motive Power. 
C. A. Goodnow, 

General Manager. 

FOB THE FIREMEN'. 

J. M. McQUADE, 

; Chairman. 

George F. Phillips, H. P. Arnold, 

A. R. Cannady, W. S. Coppers, 

T. P. Lindsey, M. Peterson, 

F. T. Anderson, G. B. Seiler, 

R. S. boynton, I^. B. Hardesty, 

R, vass. G- S. Sutton, 



Committee. 



[159] 



160 BTILLBTIH' OF THE UlflVEESITY OP 'WISCONSIK 



APPENDIX 6 

INTERNATIONAL ASSOCIATION OF MACHINISTS AND THE 
FRISCO SYSTEM 

Agekembnt 

Entered into by and between the Frisco System and all lines' pertain- 
ing thereto, and the International Association of Machinists and Ap- 
prentices at Springfield, Missouri, Feb. 1, 1902. 

ABTICLB I. 

Sec. 1. A standard working day shall be ten (10) hours. 

Sec. 2. All time in excess of ten (10) hours per day, Sundays and 
Legal Holidays (New Years, Fourth of July, Labor Day, Thanksgiving, 
and Christmas) shall be paid for at rate of time and one-half. 

Sec. 3. Should a machinist or Apprentice be sent out on the road 
he will be allowed straight pay from time he is called until he returns, 
and one dollar per day, expenses for each twenty-four hours. If out 
more than thirty-six hours, and given time for rest, shop rules will 
apply, covering overtime; in addition, one dollar for each twenty-four 
hours will be allowed. 

ARTICLE II. 

Sec. 1. Should it become necessary to reduce expenses, all condi- 
tions being equal, the best men will be retained, and preference given 
to those that have others dependent on them for support. As to work- 
ing hours, conditions existing at time reductions are being made will 
govern. 

AETICIE in. 

Sec. 1. All Machinists employed at present (February 1, 1902) shall 
receive the schedule rate of pay (30 cents per hour) beginning Feb- 
ruary 1, 1902. All new men hired shall be paid not less than 29 cents 
per hour, and if at the end of three months he is found to be competent 
he shall receive the schedule rate of pay (30 cents per hour). 

[160] 



SCHAFFNEE LABOR CONTRACT 161 

AETIOLE IV. 

Sec. 1. One Apprentice may be employed for the shop and thereafter 
one for every four (4) Machinists employed. This rate not to affect 
apprentices already employed. 

Sec. 2. All Apprentices will serve a term of four (4) years at the 
Machinists trade, and will be furnished with service papers at the 
expiration of apprenticeship. The rate of pay to be as follows: For 
the first year, 8 cents per hour; for the second year, 10 cents per hour; 
for the third year, 15 cents per hour; for the fourth year, 22 cents per 
hour; and at the expiration of four years and six months, 27 cents per 
hour; and if retained in the Company's service at the end of five (5) 
years shall receive the schedule rate of pay (30 cents per hour). 

Sec. 3. An Apprentice, after serving one (1) year, if in the opinion 
of the foreman of the department, he shows no aptitude to acquire the 
trade, he shall be transferred or dismissed, and all obligations accepted 
by this Company by reason of this schedule will of necessity be for- 
feited. 

ARTICLE V. 

Sec. 1. Machinists shall be considered in line for promotion. 

AKTICI.E VI. 

Sec. 1. Machinists will enjoy the same privileges in regard to free 
transportation upon the Company's own lines as other employes ani 
their families. 

AETICLB VII. 

Sec. 1. A first-class Machinist must be either capable of operating" 
to an advantage all important machines, or competent on floor or vise 
work. If an expert on a specialty such as building and maintaining in 
a workmanlike manner the important details that make up air brake 
apparatus as applied to locomotives he shall be classed as a Machinist. 

AETicLE vm. 
Sec. 1. Helpers or laborers will not be advanced to the detriment 
of Machinists or Apprentices, but will continue as in the past on such 
rough work as repairs of steam pipes, truck work, spring and rigging. 

ABTICLE IX. 

Sec. 1. The Company will not in any way discriminate against any 
Machinist who, from time to time, represents either Machinists on com- 
mittee of investigation or other committees duly authorized to see the 
11 [161] 



162 BULLETIN OF THE UNIVERSITY OF 'WISCONSIN 

management, but insist on sucli matters being presented in proper man- 
ner to foreman in charge; if satisfactory understanding cannot be 
arrived at, tlien present in writing the question at issue to general 
foreman or division foreman, and if it is a question they are not at 
liberty to decide, the matter will be forwarded to the office of Super- 
intendent of Machinery, who will reply to same through the ofHce of 
person in charge or arrange to meet committee. 

AETICLE X. 

The foregoing Articles and Sections shall be known as the Frisco 
System and all lines pertaining thereto, and the International Asso- 
ciation of Machinists Schedule and Rules, and will not be abrogated or 
annulled without thirty (30) days' notice by the interested parties or 
until a new Schedule or set of Rules is adopted satisfactory to all par- 
ties concerned, and said Schedule shall take effect not later than Feb- 
ruary 1, 1902, and will be in effect for one (1) year. 



Speingfieid, Mo., Feb. 24, 1902. 
Mr. J. F. Goldsmith and Committee, 

Representing International Order of Machinists, 
Springfield, Mo. 
Gentlemen: — ^Your letter of February 22nd, advising me that the 
nnderstanding we arrived at relative to the Rules, Regulations and 
Wages governing Machinists engaged by the Frisco Company at Spring- 
field, were satisfactory to the Committee and you desire that I should 
O. K. the same. This letter is for you to present to your Order notify- 
ing them of my acceptance as the Schedule presented, which contains 
modifications from the Schedule presented for January 1st, and differ- 
ing very little from what we arrived at one year ago. 

Yours respectfully, 

Geo. a. Hancock, 
Supt. of Machinery. 
P. S. Rates to apply from February 1st. 



[163] 



SCHAFFNER LABOE GONTBACT 163 



APPENDIX 7 

MICHIGAN MINING SCALE 

1902. 

1. Resolved, That from the time of its adoption this scale take effect 
and continue in effect until March 3lst, 1903, entirely superseding and 
annulling all other scales and agreements for this district, and any 
new rules, either local or general, governing the scale or conditions of 
employments in this district shall be mutually agreed to by operator 
and miners interested, and said rules before being in force shall receive 
the endorsement of the Operators' Commissioner and officials of Dis- 
trict No. 24, United Mine Workers of America. 

2. Resolved, That for pick mining the following prices shall be paid: 

Per ton. 

For 30 inches of coal and upwards $ 86 

For 27 inches of coal and less than 30 inches 91 

For 24 inches of coal and less than 27 inches 96 

For 2,000 pounds of coal to the ton, screened over a % diamond or 
flat bar screen, 14 feet in length, of 72 feet superficial area, sufHciently 
braced to keep bars in place. 

3. Resolved, That the price of run of mine coal be determined on the 
actual percentage of screened coal at the mine producing the same, 
and that the same rules governing the cleaning of screened coal also 
apply to mine run. 

4. Resolved, Should any miner persistently, carelessly or maliciously 
load slate or other impurities, he shall for the first offense be cautioned 
by notification, and for the second offense he shall be fined 50 cents, 
for the third and each subsequent offense occurring in any one month, 
he shall be iined $1.00, the amount of such fine to be paid into the 
miners' local treasTiry, providing that no miner shall be fined unless 
the weighman and checkweighman shall agree that the miner has not 
exercised proper care in cleaning the coal. In case they cannot agree. 
It shall be referrred to the mine committee and mine boss. 

5. Resolved, That where one man cannot push his coal, the driver 
shall help him push hisi car out. 

[163] 



164 BtTLLETIN OF THE TJNIVEESITY OF WISCONSIN 

6. Resolved, That the question of car pushing by the company be 
deferred until the next annual joint convention, in order that operators 
may have time to thoroughly inform themselves by investigation in 
other districts and by experimental methods in this district regarding 
this matter. 

7. Resolved, That the prices for narrow work and room turning be 
as follows: 

Elntries, per yard $1.50 

Entries, double shift, per yard 1.73 

Break-throughs, between entries l.oO 

Break-throughs' between entries and rooms 1 . 50 

Break-throughs between rooms and entries' 1.30 

Break-throughs between rooms 1.10 

Room turning 3 . 20 

8. Resolved, "Where entries are wet or have exceptionally bad top, 
an additional price will be paid over and above the regular rate, the 
extra price to be determined by the miners interested and mine boss. 
In case they fail to agree, it shall be referred to the mine committee 
and the mine management. 

9. Resolved, There shall be paid 6% cents per inch for slate and 
bottom in entries, and where bottom is shot more than five feet wide 
the same proportionate rates' shall be paid for any additional width. 

10. Resolved, That two cents per inch per lineal yard, five feet 
■wide, be paid for all draw slate or foreign substances coming down 
and handled, to be removed by miner. 

11. Resolved, That where substances met with in entries or rooms 
causing extra work or expense in drilling, shooting or breaking up such 
substances, an additional price shall be paid, as may be determined 
by miner and mine boss, and in case they fail to agree it shall be re- 
ferred to the mine committee and mine management. 

12. Resolved, That when a miner meets a fault or clay vein and fails 
to agree with mine boss upon a price for going through the same, he 
shall receive $2.60 per day and the company furnish supplies, and if 
he shall not perform his work to the satisfaction of the company, he 
shall be given another place and the company may employ another man. 

13. Resolved, That where differentials have existed and have been 
removed by arbitration, the question of differentials shall not be con- 
sidered during the life of this contract, and any new mines sunk shall 
have no differential imposed on them on account of their location. 

Where differentials were paid at the close of the last scale year and 
it is desired to remove them by miners or operators interested, a 
committee of two shall be selected, as follows : One selected by miners, 

[164] 



SCHAFFNEE LABOB CONTRACT 165 

and one selected by operators, and the two thus selected shall make 
a personal investigation of the physical condition of the mine, as well 
as the earning capacity of the miners, as ascertained from the pay 
rolls of the company. They shall investigate in the manner prescribed 
in as many mines where no differentials are paid as will enable them 
to determine as to the merits of the removal of the differential, and 
their decision shall be final for the scale year. 

In case of failure to agree by the two thus selected, they shall select 
a disinterested person to act with them in the manner prescribed above, 
and a majority decision shall be binding upon all until the close of 
the scale year. Application for the removal of the differential to be 
made to the Miners' President and the Operators' Commissioner and 
shall receive immediate attention. It is understood that the President 
of the tJ. M. "W. of A. and the Operators' Commissioner shall not be of 
the committee. 

INSIDE DAY WAGE SCALE. 

14. Resolved.That the wages of all day laborers inside the mine shall 
be as follows: 

Track layers $2 . 28 

Track layers' helpers 2.10 

Trappers l-^** 

Bottom cagers 2 . 10 

Driver 2.10 

Trip riders 2 . 10 

Water haulers 2 . 10 

Timbermen, where such are employed 2.28 

Company men in long wall mines 2.10 

All other inside day labor 2.10 

15. Resolved, That where miners are taken away from their work 
to perform day labor they shall receive $2.60 per day, except where 
they voluntarily accept a position as a day laborer. 

16. Resolved, That eight hours shall constitute a day's work, and 
no person working in the mine shall perform more than eight hours' 
labor in twenty-four, and not more than six days of eight hours each 
in one week except in case of emergency, and whenever this privilege 
is abused by the manager, the mine committee shall stop it after con- 
sultation with the district officers of the U. M. W. of A. and the 

operator. 

17. Resolved, That an eight hour day means eight hours labor in 
the mine at usual working places for all classes of inside day labor. 
This shall be exclusive of the time required in reaching such work- 

[165] 



166 BULLETlliT OP THE UNIVBESITY OF "WISCONSIN 

ing places in the morning and departing from the same at night. Re- 
garding drivers, they shall take their mules to and from the stables', 
and the time required in so doing shall not include any part of the 
day's labor, their work beginning when they reach the change at 
which they receive empty cars, but in no case shall a driver's time be 
docked while he is waiting for such cars at the point named. 

18. Resolved, That when the men go in the mine in the morning, 
they shall be entitled to two hours pay, whether or not the mine works 
the two full hours, but after the first two hours the men shall be 
paid for every hour thereafter by the hour for each hour's work or 
fractional part thereof. If for any reason the regular work cannot 
be furnished the inside day laborer for a portion of the first two hours, 
the operator will furnish other than the regular labor for the unex- 
pired time. 

OUTSIDE DAY WAGE SCALE. 

19. Resolved, That engineers and firemen shall work eight hours, 
with the understanding that engineers shall hoist and lower the men 
exclusive of this time. 

Per day. 

Dumpers $2.10 

Trimmers 2 . 10 

Check Chasers 1.25 

Engineer 2 .uO 

Firemen 1 . 80 

Blacksmith 2.50 

All other outside labor when permanently employed 1.80 

Carpenters when employed by the day to receive 2 . 40 

But this s'ball not prevent carpenters accepting employment by the 
month. 

Temporary employes shall be under the jurisdiction of the company, 
but they shall not take the place of permanent employes. 

20. Resolved, That the schedule of day wages applies only to men 
employed in the performance of their labor, and is not applied to boys 
unless they can do and are employed to do a man's work. 

21. Resolved, That where any members of the present force of out- 
side day laborers in this field prefer to work in the mine in preference 
to accepting wages offered for their services as outside day laborers, 
they shall be given places in the mine to mine coal. 

22. Resolved, That the company shall be required to make break- 
throughs every sixty feet and to stop all air leakages through the last 
break-through. 

[166] 



SGHAFPNER LABOIi CONTRACT 167 

23. Resolved, That so far as possible two men be given two rooms, 
and tlie operators pledge themselves- to provide two places l:or two men 
at the earliest possible moment. 

24. Resolved, That the company shall be required to place end gates 
in all cars and furnish equipment to lift end gates clear of all dumpage 
and that for all cars broken, because of derailment or other accident, 
while In transit from working places to shaft, the miners shall receive 
for such broken cars the average weight of each day's output. 

25. Resolved, That the company be required to have the water 
taken out of wet entries before the regular starting time, and out of 
rooms within one hour after starting time, and in event the water Is 
not taken out at the above stated time, th§ miner shall bail the water, 
and he shall be paid for the same. 

26. Resolved, That where an employe voluntarily quits his work 
he shall give three days' notice to employer, and shall then be paid 
amount due, or given statement when leaving his employment. 

27. Resolved, Local rules shall be drawn up by the operators and 
miners jointly to govern the regulation and care of wash-houses. 

28. Resolved, That all props be delivered to the working places of 
the men by the company, and that proper blanks be furnished to the 
miners to be filled out in order that they can have posts furnished 
them of the required length. 

23. Resolved, That aJl miners and mine laborers be paid In cash 
for their labor, at the mine, on the Saturdays nearest the 10th and 
2oth of each month, and 7 full hours shall be worked pay days, for 
which payment for one full day shall be made. 

30. Resolved, That the work performed the first half of the month 
be measured on the 16th, and the work performed in the latter half 
of the month be measured on the 1st day of the succeeding month. 

31. Resolved, That all posting in room work shall be done by the 
miner in such a manner that his working place shall always be kept 
in a safe and proper condition, and the miner shall do the ordinary 
room posting in gob or wide entries. 

32. Resolved, That all oils furnished to day men be charged at the 
same rate as charged to miners. 

33. Resolved, That mine workers shall not be allowed to enter the 
mine later than 7 a. m., and that one hour shall be taken for noon 
in this district. Further, that six men at one time shall be allowed 
to go up on a cage at any time until proper escape shaft is furnished. 

34. Resolved, That all shooting shall be done during the first half 
of the noon hour and at the close of the working day, providing shoot- 
ing is done twice a day; if only done once a day, then it shall be done 
at the close of the working day; but it may be agreed between the 

[167] 



168 BULLETIN OF THE UNIVEESITY OE WISCONSIN 

mine management and miners whether the shooting shall be done 
once or twice a day. 

35. Resolved, That the miners shall have the right to choose their 
own doctor. 

36. Resolved, That the following shall be collected through the 
office: Requirement of the U. M. W. of A., the checkweighman's 
wages, sick and death benefit funds and the wash-house keeper's wages. 

37. Resolved, That the price for blacksmithing be paid at the rate 
of one cent on the dollar of wages earned by the miner. 

38. Resolved, That no mine worker of Michigan shall be discrim- 
inated against or blacklisted because of his connection with the 
United Mine Workers of America or for any other cause. 

39. Resolved, That the price of powder and of oil be the sume as 
now charged; these prices subject to the market changes. 

40. Resolved, That no strike shall take place owing to any dispute 
arising at any time under the jurisdiction of district No. 24 (except 
for refusal of employers to pay wages on the regular pay day without 
satisfactory explanation, or danger to life and limb, or inaccuracy of 
weighing scales and when the screens are out of repair, unless em- 
ployers and employes can agree on difference to be paid on account 
of scales and screens being out of order) until the dispute at the 
mine affected has been thoroughly investigated by the of&cers of Dis- 
trict No. 24, XJ. M. W. of A., and the Operators' Commissioner. 

41. Resolved, Any employe suspended or discharged may request 
and demand an investigation into the validity of such suspension 
or discharge, when it shall be the duty of the mine management and 
the mine committee to go into an investigation of the facts, when, 
if they can agree upon a decision, the incident shall be considered 
closed. In case they fail to agree, then the matter shall be referred 
to the District President and the Operators' Commissioner, who shall 
render a decision in three days. It is further provided, that any per- 
son discharged or suspended shall remain idle three days, and in the 
event no decision is reached in three days then the person discharged 
or suspended shall resume work until a decision is reached, investi- 
gation to begin immediately. 

42. MACHINE MINING (Chain and Punching Machines.) 

CHAIN MACHINE MINING SCALE. 

Loading and drilling in rooms $0 . 50 

Loading and drilling in entries 64 

Loading and drilling in breakthroughs 64 

Cutting in rooms 16 

Cutting in entries 20 

Cutting in breakthroughs 20 

[168] 



SCHAFFNEE LABOR CONTEACT 169 

PUNCHING MACHINE SCAliE. 

Loading and drilling in rooms $0 . 50 

Loading and drilling in entries 64 

Loading and drilling in brealcthroughs 64 

Cutting in rooms 20% 

Cutting in entries 2o^ 

Cutting in breakthrouglis 25Vi 

Shearing in entries, per yard 1 . 06 

Shearing in rooms, per yard 50 

Room turning — entry price. 

433. Resolved, That all places In machine mines driven less than 
eighteen feet wide shall be paid entry price. 

44. Resolved, That the same rules that govern in pick mines in 
reference to slate and foreign substances shall also apply to machine 
mines. 

45. Resolved, That the division of pay for punching machine men 
when working at contract prices, be considered a local question for 
adjustment between the men themselves; but work shall not be 
suspended at any time because of a failure to adjust by the cutter and 
helper. 

That all chain machine men receive equal pay for their labor. 

46. Resolved, That all machine runners be provided with at least 
twenty, or a sufficient number of picks to perform their labor. 

47. Resolved, That all chain machine runners shall cut coal close 
to bottom and shall not leave more than four inches of coal, and the 
bug dust shall be loaded out with the coal by the loader, and the ma- 
chine runner shall throw bug dust back instead of against the face, 
and where stumps are left by machine runners, they shall remove 
the same or pay the loaders for removing the stump. 

48. Resolved, No blacksmithing shall be charged loaders or machine 
runners in machine mine. 

49. Resolved, That where pick carriers are employed they shall 
receive $1.25 per day. 

50. Resolved, That in deficient places the price of loading and cut- 
ting with machines shall be determined upon by the loader, runner 
and mine boss, and in case they fail to agree, it shall be referred to 
mine committee. 

51. Resolved, That the same relative differential that now exists 
In the pick mining rate in the State of Michigan shall also apply to 
machine mines, and for a readjustment of the differentials, the same 
provisions that have been adopted to arbitrate differentials in pick 
mines' shall also apply to machine mines. 

[169] 



lYO BULLETIN OI" THE UNIVEESITY OF "WISCONSIN 

52. Kesolved, This scale is based upon eighty six cents pick mining. 

53. Resolved, That the Operators' Commissioner, Thomas W. Davis, 
be and is hereby authorized to sign scale for and oa behalf of all 
the operators of Michigan. 

MICHIGAN COAL OPERATORS, 

Per Thomas W. Davis, 

Commissioner. 
V. M. W. of A., 

Per "W. F. Williams, 

Pres. District 2i, 



APPE:NrDIX 8 

THE ASSOCIATED TEAMING INTERESTS OF CHICAGO AND THE 
TEAMSTERS' NATIONAL UNION OF AMERICA 

Agreement. 

CHICAGO, June 11, 1902. — The Associated Teaming Interests of 
Chicago and the Teamsters' National Union of America, by their re- 
spective officers' and committees, whose signatures are hereto at- 
tached, do hereby establish and maintian for the period of one (1) 
year from date a joint arbitration board composed of seven (7) mem- 
bers from each of the contracting parties, and they thereby agree as 
follows : 

To submit to the arbitration of this board all differences between 
the contracting parties which do now or may arise during the life 
of this agreement. 

Harry G. Selfridge. John M. Rowan. 

Albert Young. S. T. Edwards. 

John S. Field. Samuel Johnson. 

Charles Robb. Fred S. Hartwell. 

Arthur Dixon. F. C. Bender. 

James B. Barry. Frank H. Hebard. 

Henry B. Steele. Charles G. Sagerstrom. 



[170] 



SCI-IAFFNEE LABOE CONTEACT 171 



APPEJSfDIX 9 

AGREEMENT BETWEEN CHICAGO TYPOGRAPHICAL, UNION NO. 

16, AND ALLIED PRINTING TRADES AND THE INTER OCEAN 

PUBLISHING COMPANY (Signed March 22, 1899). 

This agreement, made and entered into this 22nd day of March, 1899, 
by and between the Inter Ocean Publishing Company, through its 
authorized representatives, the party of the first part, and the su- 
bordinate unions of the International Typographical Union of the 
city of Chicago, consisting of Chicago Typographical Union No. 16; 
Chicago Stereotypers' Union No. 4; Chicago Mailers' Union No. 2, and 
Chicago Photo-Engravers' Union No. 5, and the subordinate unions of 
the International Printing Pressmen and Assistants' Union, consisting 
of Chicago Newspaper Web Pressmen's Union No. 81, and Chicago 
Assistants and Web Press Helpers' Union No. 4, by their committees 
duly authorized to act in their behalf, parties of the second part. 

Wituesseth, That from and after Wednesday, March 22, 1899, and 
for a term of five years, ending March 22, 1904, and for such a rea^ 
sonable time thereafter (not exceeding thirty days) as may be required 
for the negotiation of a new agreement, the newspaper represented 
by the said party of the first part binds itself to the employment in 
its composing-room and the departments thereof, of mechanics and 
workmen who are members of Chicago Typographical Union No. 16; 
in its steraotyping-room to stereotypers who are members of Chicago 
Stereotypers' Union No. 4; in its mail-room to mailers who are mem- 
bers of Chicago Mailers' Union No. 2; in its photo-engraring depart- 
ment to photo-engravers who are members of Chicago Photo-Engravers' 
Union No. 5; in its pressroom to pressmen and assistants who are 
members of Chicago Newspaper Web Pressmen's Union No. 81, and 
Chicago Assista,Dt Web Pressmen and Helpers' Unoin, and agree to 
respect and observe the conditions imposed by the constitutions, by- 
laws and scales of prices of aforesaid organizations, copies of which 
are hereunto attached and made a part of this agreement. 

And it is further agreed . that aforesaid constitution and by-laws 
may be amended by said parties of the second part without the con- 
sent of the party of the first part; provided, however, that such 
changes do not In any way conflict with the terms of the scales and 
rules as set forth in this contract. 

[171] 



172 BULLETIN OF THE UBTIVEESITY OF WISCONSIN 

It is further agreed that the scale of prices of the Chicago Typo- 
graphical Union No. 16, adopted March 17. 183Y, shall continue with- 
out change, during the life of this contract, except as may be mutually 
agreed between the parties hereto. 

A standing committee of two representatives of the party of the 
first part, and a like committee of two representing the parties of 
the second part, shall be appointed; the committee representing the 
parties of the second part shall ,be selected by the union whose in- 
terests are directly affected; and in case of a vacancy, absence or 
refusal of either of such representatives to act, another shall be ap- 
pointed in his place, to whom shall be referred all questions which 
may arise as to the scale of prices, the construction to be placed upon 
any clauses of the agreement, or alleged violations thereof, which 
cannot be settled otherwise, and that such joint committee shall 
meet when any question of difference shall have been referred to it 
for decision by the executive officers of either party to this agree- 
ment, and should the joint committee be unable to agree, then it 
shall refer the matter to a board of arbitration, the representatives 
of each party to this agreement to select one arbiter, and the two to 
agree upon a third. The decision of this board shall be final and 
binding upon both parties. 

The party of the first part hereby agrees that he shall not, during 
the continuance of this agreement, introduce into his composing- 
room any font of type that shall be leaner than the leanest correspond- 
ing type now in use in any one of the offices in the city of Chicago; 
provided, that if any font of type leaner than the leanest correspond- 
ing type now in use by the party of the first part, but up to the In- 
ternational Typographical Union standard, shall be introduced by the 
party of the first part, the difference in measurement between the 
type introduced and its corresponding type now in use shall be given 
to the compositor. 

It is agreed that should the International Typographical Union and 
the American Newspaper Publishers' Association mutually adopt a 
new standard for the measurement of type, said standard shall be used 
in the Inter Ocean office under the jurisdiction of the parties to this 
agreement and that, if said standard shall necessitate a new scale of 
wages, said scale shall, if p6ssible, be fixed by the Joint Standing 
Committee of the two parties to this agreement; and that, should said 
committee fail to agree, the question shall be submitted to a board 
of arbitration, as above provided for, the decision of said board to be 
binding upon both parties to this agreement. 

It is further agreed by the party of the first part that in the event 

[172] 



SCHAFFNEK LABOE CONTBACT 173 

of the substitution of machines other than the Linotype, for hand 
composition or distribution, a scale of wages may be agreed upon by 
the Joint Committee of the parties to this agreement; but if no satis- 
factory conclusion can be reached, the matter shall be referred for 
final settlement to a board of arbitration as above provided for. 

It is agreed by the said parties of the second part that for and In 
consideration of the covenants entered into and agreed to by said 
party of the first part, the said parties of the second part shall at all 
times during the life of this agreement truly and faithfully discharge 
the obligations imposed upon them by furnishing men capable of per- 
forming the work required in the various mechanical departments of 
the party of the first part. 

It is agreed that both the language and the spirit of this contract 
between the Inter Ocean Publishing Company, party of the first part, 
and the organizations known as Chicago Typographical Union No. 16, 
Chicago Stereotypers' Union No. 4, Chicago Mailers' Union No. 2, and 
Chicago Photo-EngraYers' Union No. '5, being trades-unions chartered 
by and under the Jurisdiction of the International Typographical 
Union, an organization having its headquarters at Indianapolis, Indiana, 
and Chicago Newspaper Web Pressmen's Union No. 81, and Chicago 
Assistants and Web Pressmen and Helpers' Union, organizations 
chartered by and under the jurisdiction of the International Print- 
ing Pressmen and Assistants' Union of North America, by their com- 
mittees duly authorized to act in their behalf, parties of the second 
part, make it imperatively obligatory on both parties whenever any 
difference of opinion as to the rights of the parties under the contract 
shall arise, or whenever any dispute as to the construction of the con- 
tract or any of its provisions takes place, at once to appeal to the 
duly constituted authority under the contract viz., the Joint Standing 
Committee, to the end that fruitless controversy shall be avoided and 
good feeling and harmonious relations be maintained, and the regular 
and orderly prosecution of the business in which the parties have a 
community of interest be insured beyond the possibility of interruption. 

It is further stipulated and agreed that the party of the first part 
shall not now or during the life of this contract enter into any as- 
sociation or combination hostile to the printing trades unions, nor shall 
it at any time render assistance to such hostile combination or as- 
sociation by suspension of publication or any other art calculated to 
injure the printing trades unions. 

And the party of the second part hereby agrees to enter into no com- 
bination or association with the intent or purpose of injuring the Inter 

[173] 



174 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

Ocean Publishing Company or its property, and sliall not be a party 
to any hostile act with similar intent. 

In witness whereof. We have hereunto set our hands and seals this 
22nd day of March, 1899. 

THE INTEE OCEAN PUBLISHING COMPANY, 

By W. F. Furbeck, President. 
Wm. Penn Nixon, Secretary. 

CHICAGO TYPOGEAPHICAL UNION NO. 16, 

By John McParland. 
A. C. Rice. 

CHICAGO STEMEOTYPEBS' UNION NO. 4, 

By R. B. Prendergast. 
John S. Healy. 

CHICAGO MAILERS' UNION NO. 2, 

By J. J. Kinsley. 
Wm. Mclnerney. 

CHICAGO PHOTO-ENGBAVEBS' UNION NO. 5, 

By J. S. Falkinburg. 
G. A. Gink. 

CHICAGO NEWSPAPEE WEB PEESSMEIif'S UNION NO. 81, 

By Thos. P. Fitzgerald. 
E. W. Garr. 

CHICAGO ASSISTANTS AND WEB PRESS HELPEES' UNION NO. 4, 

By P. C. McKay. 
William E. Hill. 

This contract is entered into by and with the consent of the In- 
ternational Typographical Union, an organization to which the pa'ty 
of the first part concedes jurisdiction and control over trade organiza- 
tions in all mechanical departments of the party of the first part, with 
the exception of the pressroom, and this contract is entered into by 
and with the consent of the International Printing Pressmen and As- 
sistants' Union of North America, to which organization the party of 
the first part concedes jurisdiction over trade organizations controlling 
all employees of the pressroom and the International Typographical 
Union, through its authorized representative, and the International 
Printing Pressmen and Assistants' Union, through its authorized repre- 
sentative, do hereby severally agree to protect the party of the first 
part in case of violation of the agreement by any of the said parties 
of the second part under the respective jurisdiction of said Interna- 
tional unions, but such unions shall not be guarantors as to each other. 

[174] 



SCHAFPNEE lABOE CONTEACT 175 

In Witness whereof, We have hereunto set our hands and seals, this 
22nd day of March, 1899. 

Samuel B. Donnexly, 
President, International Typographical Union. 
James H. Bowman, 
President, International Printing Pressmen and Assistants' Union. 

JOHK G. DEIBFI/INQEE. 



APPENDIX 10 

ARBITRATION AGREEMENT BETWEEN AMERICAN NEWSPAPER 

PUBLISHERS' ASSOCIATION AND INTERNATIONAL 

TYPOGRAPHICAL UNION 

Section 1. On and after May 1, 1302, and until May 1, 1907, any 
publisher who is a member of the American Newspaper Publishers' 
Association, employing union labor in any department or departments 
of his office under a contract or contracts, written or verbal, with a 
local union or unions' affiliated with the International Typographical 
Union where such contracts have been approved by the president of the 
latter organization as well as under all contracts in force on May 1. 
1901, shall have the following guarantees: 

a. He shall be protected under such contract or contracts by the 
International Typographical Union against walk-outs, strikes, boycotts, 
or any other form of concerted interference with the peaceful opera- 
tion of the department or departments of labor so contracted for, by 
any union or unions with which he has contractual relations; provided 
such publisher shall enter into an agreement with the International 
Typographical Union to arbitrate all differences that may arise under 
said verbal or written contracts between said publisher and the local 
union affecting union employees in said department or departments, if 
such said differences can not be settled by conciliation. 

b. All disputes arising over scale provisions relating to wages' and 
hours in renewing or extending contracts shall likewise be subject to 
arbitration under the provisions of this agreement, if such disputes 
can not be adjusted through conciliation. 

It is expressly understood that contracts hereafter entered into by 
publishers with allied trades councils shall not be recognized as coming 
under the terms of this agreement. 

[175] 



176 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

Section 2. The International Typographical Union further agrees to 
arbitrate any and all differences that may arise in the mechanical de- 
partments of any newspaper, member of the American Newspaper Pub- 
lishers' Association, which shall enter into an agreement to that effect; 
provided all departments of said news'paper under the jurisdiction of 
the International Typographical Union are strictly usion departments 
and are so recognized. 

Section 3. The question whether a department shall be union or non- 
union shall not be classed as a "difference" to be arbitrated. 

Section 4. If conciliation between the publisher and a local union 
fails, then provision must be made for local arbitration. If local arbi- 
tration or arbitrators can not be agreed upon, all differences shall be 
referred, upon application of either party, to the National Board of Ar- 
bitration. In case a local board of arbitration is formed, and a decision 
rendered which is unsatisfactory to either side, then review by the 
National Board of Arbitration may be asked for by the dissatisfied 
party, provided notice to the other party to that effect is given within 
fifteen days thereafter. It shall be optional with the board to grant or 
deny such review as the facts in the case may warrant. 

Section 5. In case a review is granted, as provided in section 4, the 
National Board of Arbitration shall not take evidence except by a major- 
ity vote of the board, but both parties' to the controversy may be re- 
quired to submit records and briefs, and to make oral or written argu- 
ments (at the option of the board), in support of their several conten- 
tions. They may submit an agreed statement of facts, or a transcript 
of testimony properly certified to, before a notary public by the sten- 
ographer taking the original evidence or depositions. 

Section 6. Pending final decision, work shall be continued in the of- 
fice of the publisher, party to the case, and the award of the National 
Board of Arbitration shall. In all cases, include a determination of the 
issues involved, covering the period between the raising of the issues 
and their final settlement; and any change or changes in the wage scale 
of employees may, at the discretion of the board, be made effective 
from the date the issues were first made. 

StecTioN 7. Union departments shall be understood to mean such as 
are made up wholly of union employees, in which union rules prevail, 
and in which the union has been formally recognized by the employer. 
Section 8. This agreement shall apply to individual members of the 
American Newspaper Publishers' Association or local associations of 
publishers accepting it and tlie rules drafted hereunder, at least sixty 
(60) days before a dispute shall arise. 
Section 9. The National Board of Arbitration shall consist of the 

[176] 



SCHAFPiS-EE LABOE CONTEACT 177 

president of the International Typographical Union and the commis- 
sioner of the American Newspaper Publishers' Association, or their 
proxies and in the event of a failure to reach an agreement, these two 
shall select a third member in each dispute, the memner so selected to 
act as chairman of the board. The finding of the majority of the board 
shall be final, and shall be accepted as such by the parties to the dis- 
pute under consideration. 

SHcrrioN 10. In the event of either party to the dispute refusing to 
accept and comply with the decision of the National Board of Arbitra- 
tion, all aid and support to the firm or employer, or local union refus- 
ing acceptance and compliance, shall be v^ithdrawn by both parties to 
this agreement. The acts of such recalcitrant employer or union shall 
be publicly disavowed, and the aggrieved party to this agreement shall 
be furnished by the other with an official document to that end. 

Section 11. The said National Board of Arbitration must act, when 
its' services are desired by either party to a dispute as above and shall 
proceed with all possible dispatch in rendering such services. 

SEcnoiiT 12. All expenses attendant upon the settlement of any dis- 
pute, except the personal expenses of the commissioner of the American 
Newspaper Publishers' Association and the president of the Interna- 
tional Typographical Union shall be borne equally by the parties to 
the dispute. 

Section 13. The conditions obtaining before the initiation of the dis;- 
pute shall remain in effect pending the finding of the local or of the 
National Board of Arbitration. 

Section 14. The following rules shall govern the National Board of 
Arbitration in adjusting differences between parties to this agreement: 

1. It may demand duplicate typewritten statements of grievances. 

2. It may examine all parties involved in any differences referred to 
it for adjudication. 

3. It may employ such stenographers etc., as may be necessary to 
facilitate business. 

4. It may require affidavit on all disputed points. 

5. It shall have free access to all books and records bearing on 
points at issue. 

6. Equal opportunities shall be allowed for presentation of evidence 
and argument. 

7. Investigations shall be conducted in the presence of the repre- 
sentatTves of both parties. 

8. The deliberations shall be conducted in executive session, and the 
findings, whether unanimous or not, shall he signed by all members of 
the board in each instance. 

12 [177] 



178 BULLETIN OF THE UNIVEESITY OF WISCONSIN 

9. la the event of either party to the dispute refusing to appear or 
present its case after due notice, It may be adjudicated in default, and 
Endings rendered against such party. 

10. All evidence communicated to the board in confidence shall be 
.preserved inviolate, and no record of such evidence shall be kept. 

Section 15. The form of contract to be entered into by the publisher 
and the International Typographical Union shall be as follows: 

CONTKACT. 

It is agreed between publisher and proprietor of the — , 



•and , duly authorized to act in its behalf, party of the first part, 

,and the International Typographical Union, by its president, duly 

.authorized to act in its behalf and also in behalf of Union of 

, as follows: 

That any and all disputes that may arise — 

1. Under any contract, verbal or written, in force May 1, 1901. 

2. Under any contract, verbal or written, approved by the president 
of the International Typographical Union. 

3. All disputes arising over scale provisions relating to wages and 

hours In renewing and extending contracts' between > publisher (s) 

or proprietor(s) and the union(s), or any member thereof, now 

operating in the department (s) of the — shall first be set- 
tled by conciliation between the publisher and the authorities of the 
local union, if possible. If not, the matter shall be referred to arbitra- 
tion, each party to the controversy to select one arbitrator, and the two 
thus chosen to select a third, the decision of a majority of such board 
of arbitration to be final and binding upon both parties, except as 
liereinafter provided for. 

If local arbitration or arbitrators can not be agreed upon, all differ- 
ences shall be referred, upon application of either party, to the 
National Board of Arbitration, consisting of the president of the Inter- 
national Typographical Union and the commissioner of the American 
Newspaper Publishers' Association, or their proxies; and if the board 
thus constituted can not agree, it shall be authorized to select an addi- 
tional member, and the decision of a majority of this board, thus con- 
stituted, shall be final and binding upon both parties. 

Pending arbitration and decision thereunder work shall be continued 
as usual in the oflBce of the publisher(s) part— • to this agreement, and 
the award of the arbitrators shall. In all cases, include a determination 
•of the issues involved covering the period between the raising of the 
Issues and the final settlement, and any change or changes in the wage 

[178] 



SCHAFFNEE lABOE CONTBACT 179 

scale of employees, or other ruling, may, at the discretion of the 
arbitrators, be made effective from the date the issues were first made. 

In case a local board of arbitration is formed, and a decision ren- 
dered which is unsatisfactory to either side, then a review may be 
asked of the National Board of Arbitration by the dissatisfied party. 
Pending decision under such review from a local board of arbitration, 
work shall be continued as usual in the office of the publisher (s), part — 
to the case, and the award of the National Board of Arbitration shall, 
in all cases, include a determination of the issues involved, covering the 
period between the raising of the issues and their final settlement; and 
any change or changes in the wage scale of employees, may, at the 
discretion of the board, be made effective from the date the issues were 
first made. 

In consideration of the agreement by the said publisher (s) or pro- 
prietor (s) to arbitrate all differences as provided for herein with the 

union (s), the International Typographical Union agrees to 

underwrite to said contract and guarantee fulfillment on the 

part of union (s). 

It is expressly understood and agreed that the sections numbered 
from one to sixteen inclusive, of the agreement between the American 
Newspaper Publishers' Association and the International Typographical 
Union hereunto attached shall be considered an integral part of this 
contract, and shall have the same force and effect as though set forth 
in the contract itself. 

This contract shall be in full force and effect from — • , 1902, to 

the first day of May, 1907, unless amended sooner by mutual consent. 

In witness whereof, the undersigned publisher(s) or proprietor(s) 
of the said newspaper and the president of the International Typo- 
graphical Union have hereunto affixed their respective signatures, in 
triplicate this day of , 190 — . 



Puhlisheris) or Proprietor (s) 



President International Typographical Union. 
Witness, as to publisher. 



Witness, as to president, 



Skction 16. This covenant between the International Typographical 
Union and the American Newspaper Publishers' Association shall 
remain in effect from the 1st day of May, 1902, to the 1st day of May, 
1907, but amendments may be proposed to this agreement by either 

[179] 



180 BULLETIN OF THE UNIVEESITT OE WISCONSIN 

party thereto at least ninety days before the 1st day of May in any 
year, and on acceptance by the other party to the agreement, shall be- 
come a part thereof. 

Now, therefore, it is mutually agreed as follows: 

First. This agreement shall be published simultaneously by the two 
bodies at such time as may hereafter be decided upon. 

Second. The agreement shall be submitted for ratincation to the 
American Newspaper Publishers' Association at its annual meeting in 
February, 1902, and immediately, thereafter to the executive council 
of the International Typographical Union. If formally ratified as a 
whole by both bodies, it shall become effective on May 1, 1902, and 
remain in full force and effect for five years thereafter, unless mutually 
amended sooner as therein provided for. 

In witness whereof, we have hereunto affixed our signatures this 3d 
day of January, 1902. 

(Signed) A. A. McCoemick, Chairman. 

M. J. LOWENSTEIN 

For the special standing committee of the American 

Newspaper Publishers' Association. 
Fkedebick DeiScioli., 

Commissioner. 
James M. Lynch, 
C. E. Hawkes, 
Hugo Miller, 
J. "W. Beamwood, 
For the International Typographical Union. 
The attached agreement was unanimously approved of by the Amer- 
ican Newspaper Publishers' Association at its annual convention on 
February 19, 1902, and subsequently the same was approved by the 
executive council of the International Typographical Union, acting 
under authority from the International Typographical Union conven- 
tion. 

W. C. Beta>-t, Secretary. 



[180] 



SCHAFFNEE LABOE CONTEACT 181 



APPENDIX 11 

AMALGAMATED WOOD-WORKERS COUNCILi OP CHICAGO. 
ARTICLES OF AGREEMENT 

Agreement entered into this day of 1902 between, 

, manufacturers of , parties 

of the first part, and the undersigned representatives of the AMALGA- 
MATED WOOD- WORKERS COUNCIL OF CHICAGO, parties of the 
second part. 

Article 1. The party of the first part hereby agrees to employ none 
but members of the AMALGAMATED WOOD-WORKERS COUNCIL, 
who are in good standing and carry the current quarterly card of the 
organization. 

Article 2. The party of the first part agree that the representatives 
of the Wood-Workers Council of Chicago, shall have access to the mill 
or factory of said party of the first part, at any reasonable time. 

Article 3. The minimum scale of wages for journeymen working 
either on the bench or on woodworking machinery in the mill or fac- 
tory of the party of the first part, shall be 25c per hour and for wood- 
carvers 28c per hour and that nine (9) hours shall constitute a day's 
work; and it shall be understood that all employees receiving more 
than the foregoing scale shall not be subject to any reduction in wages 
by reason of the adoption of this agreement. 

Article 4. All overtime shall be paid for at the rate of time and one- 
half. Double time shall be paid for all work done on Sundays, New 
Years Day, Decoration Day, Fourth of July, Thanksgiving Day, and on 
Christmas Day, but not on days celebrated for them. No work shall 
be allowed under any pretence on Labor Day. 

Article 5. There shall be a regular pay day at least once in every 
two weeks, and there shall not be more than three days kept back. A 
strike to enforce this article, shall not be considered a violation of 
this agreement. 

Article 6. The party of the first part, may have one apprentice to 
every ten (10) bench men, or majority fraction thereof, he to work on 
the bench, and one apprentice to every ten (10) machine men, or 
majority fraction thereof, he to work on machines. Each apprentice 

[181] 



182 BULLETIN OP THE UNIVERSITY OF WISCONSUiT 

shall serve a term of three (3) years at the following rate of wages: 
First year $1.00 per day, second year $1.25 per day, third year $1:50' 
per day, and no one shall be accepted as an apprentice under sixteen 
(16) years of age, or over twenty (20) years of age, and all appren- 
tices shall carry the current quarterly apprentice card of the Wood- 
Workers' Council of Chicago. 

Article 7. There shall be a steward in each mill or factory of the 
party of the first part, appointed by the business agent and It shall 
be his duty to control the working cards of the men in said mill or 
factory and report all violations to the business agent of his district 
or to the oflBce of the council. 

Article 8. Engineers employed by the party of the first part shall 
belong to and carry the card of the International Union of Steam En- 
gineers No. 3. All shipping clerks employed by the party of the first 
part, shall belong lo the A. W. W. I. U. of A. and carry the current 
quarterly card of the A. W. W. Council of Chicago. 

Article 9. A sympathetic strike to protect union principles shall 
not be considered a violation of this agreement. 

Article 10. The party of the first part, shall be entitled to the use 
of and be furnished with the label of the A. W. W. I. U. of A. and all 
work manufactured by the party of the first part, must be stamped be- 
fore delivery. 

Article 11. All interior finish, doors and other mill work specified 
to be filled by the party of the first part, shall be filled by members 
of the Painters' Union, who carry the current quarterly card of the 
Painters' District Council. 

Article 12. In the event of any dispute between the parties to this 
agreement the party of the first part, and the repres'entatives of the 
A. W. W. Council shall endeavor to arrive at a satisfactory settlement 
and in case no settlement can be arrived at, each shall appoint a prac- 
tical man, those two shall appoint a third, the three to act as a board 
of arbitration whose decision shall be final. 

Article 13. It is further agreed that at least thirty days prior to 
the expiration of this agreement it shall be open for discussion for any 
changes desired by either party to this agreement. 

Article 14. This agreement shall be in force from date of signing 
hereof, until the first day of March, 1903. 

For party of the first part. For party of the second part. 



[182] 




Remington Rand Inc. Cat. no. 11 39 



mmmmmiif 



HD7811.U6S|2""'''"""""'"^^ 
^'Ji?ii'i?.M,?.'i.,^°"'"'^' ''■°"' individual to co 




3 1924 002 424 863 



I*R0P6:rty of library 

NtW YORK mil SCHOOL 
IWUSTRIAUBO UEOR RELATIONS 

COIIN«LL MNiyiRSITY 



•m